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NATIONAL CANCER HOSPITAL OF AMERICA v. WEBSTER

No. 112, Docket 24758.

251 F.2d 466 (1958)

NATIONAL CANCER HOSPITAL OF AMERICA, Appellant, v. Bethuel M. WEBSTER, Appellee.

United States Court of Appeals Second Circuit.

Decided January 20, 1958.

Attorney(s) appearing for the Case

Albert Adams, Ferris, Adams & Creidy, New York City, for appellant.

Whitman Knapp, New York City, David D. Brown, III, New York City, Martin F. Richman, White Plains, N. Y. of counsel, for appellee.

Before HAND, HINCKS and LUMBARD, Circuit Judges.

HAND, Circuit Judge.

This is an appeal from a judgment of Judge Dawson, dismissing the complaint for lack of jurisdiction over the subject matter. The action is based upon diversity of citizenship — the plaintiff being a Michigan corporation and the defendant a citizen of New York; and in summary the facts are as follows. The plaintiff is a charitable corporation which collects funds for a hospital for the treatment and care of persons afflicted by cancer....

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