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BRYFOGLE v. ACME MARKET, INC.

Civ. A. No. 25871.

176 F.Supp. 43 (1959)

Virginia BRYFOGLE and Benjamin Bryfogle, husband and wife v. ACME MARKET, INC. and American Stores Co.

United States District Court E. D. Pennsylvania.

July 2, 1959.

Attorney(s) appearing for the Case

B. N. Richter, of Richter, Lord & Levy, Philadelphia, Pa., for plaintiffs.

J. Paul Erwin, Philadelphia, Pa., for Acme Market, Inc., and American Stores Co.

HASTIE, Circuit Judge.

A motion by the defendants to dismiss the complaint for lack of essential diversity of citizenship among the parties is before the court for disposition. The suit is a negligent injury claim against two defendants, Acme Market, Inc. and American Stores Co., each sued as a Delaware corporation with a place of business in Philadelphia, Pennsylvania. The plaintiff is a citizen of Pennsylvania.

The motion to dismiss is supported by affidavits...

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