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DUPLISEA v. MAINE CENTRAL RAILROAD

No. 5368.

260 F.2d 495 (1958)

Leslie A. DUPLISEA, Plaintiff, Appellant, v. MAINE CENTRAL RAILROAD, Defendant, Appellee.

United States Court of Appeals First Circuit.

October 31, 1958.

Attorney(s) appearing for the Case

Oscar Walker, Bangor, Me., for appellant.

Arnold L. Veague, Bangor, Me., with whom John W. Conti and Eaton, Peabody, Bradford & Veague, Bangor, Me., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

Appeal is taken from an order dismissing a complaint for lack of jurisdiction.

The complaint is conveniently vague as to the basis of federal jurisdiction. Clearly it is not diversity of citizenship under 28 U.S.C. § 1332, for the complaint alleges that plaintiff is a citizen of Maine and that defendant Railroad is a corporation incorporated under the laws of the State of Maine. Nor is there any allegation of a breach of a duty imposed or...

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