KERR v. COMPAGNIE DE ULTRAMAR

No. 105, Docket 24742.

250 F.2d 860 (1958)

Edwin KERR, Plaintiff-Appellant, v. COMPAGNIE DE ULTRAMAR and Transmar Corp., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 8, 1958.


Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Abraham M. Fisch, New York City, of counsel, on the brief), for plaintiff-appellant.

John G. Poles, New York City (Yorkston W. Grist and Poles, Grist, Tublin & Patestides, New York City, of counsel, on the brief), for defendants-appellees.

Before HAND, HINCKS and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

The question for decision is whether the District Court properly granted the motion of the defendants to dismiss this civil action because there was no diversity of citizenship between plaintiff and one of the defendants, and whether it properly refused to grant the cross-motion of the plaintiff to dismiss as to the non-diverse defendant so that the Court could retain jurisdiction. We find error in these rulings and reverse the order of the...

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