CHANEY v. WILSON-BENNER, INC.

Civ. A. No. 5995.

165 F.Supp. 64 (1958)

Charles R. CHANEY, Plaintiff, v. WILSON-BENNER, Inc., Defendant and Third-Party Plaintiff and Max Kofman, Edward Kofman, Benjamin F. Kofman, Joseph Kofman, and Freda K. Gaines, Co-Partners, trading and doing business as Kofman's, Defendant. WILSON-BENNER, INC., Third-Party Plaintiff v. PITTSBURGH-DES MOINES STEEL CO., Third-Party Defendant.

United States District Court M. D. Pennsylvania.

August 19, 1958.


Attorney(s) appearing for the Case

Robert K. Kistler, State College, Pa., for plaintiff.

Metzger, Wickersham & Knauss, Harrisburg, Pa., for Wilson-Benner, Inc., defendant and third-party plaintiff.

Hull, Leiby & Metzger, Harrisburg, Pa., for Max Kofman et al., defendant.

Richard Henry Klein, Robert McK. Glass, Sunbury, Pa., for Pittsburgh-Des Moines Steel Co., third-party defendant.


FOLLMER, District Judge.

This matter is before the Court on defendants' motion to dismiss the claim because the requisite diversity of citizenship and jurisdiction on the subject matter does not exist in that both plaintiff and defendants were at the time of the institution of the action citizens of Pennsylvania.

Several depositions were taken, including that of the plaintiff. The parties were then requested to furnish suggested Findings of Fact. The Findings...

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