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BROCKI v. AMERICAN EXPRESS COMPANY

No. 13933.

279 F.2d 785 (1960)

Myrtle Frances BROCKI, Appellant, v. AMERICAN EXPRESS COMPANY, an Unincorporated Joint Stock Association, Appellee, and DEMERY'S, INC., a New Jersey Corporation, Third-Party Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 16, 1960.

Attorney(s) appearing for the Case

Harold Helper, Detroit, Mich., Max M. Marston, Detroit, Mich., on brief, for appellant.

Richard C. Van Dusen, Detroit, Mich., Joseph H. Guttentag of McClintock, Fulton, Donovan & Waterman, Detroit, Mich., Ward Randol, Jr. of Dickinson, Wright, Davis, McKean & Cudlip, Detroit, Mich., on brief for appellees.

Before CECIL, WEICK and POPE, Circuit Judges.

POPE, Circuit Judge.

On February 19, 1953, appellant, a citizen of Michigan, filed this action in the court below against defendant American Express Company, which was alleged to be "a corporation organized and existing under and by virtue of the laws of the State of New York." The sole basis claimed for jurisdiction was diversity of citizenship of the parties. The defendant first answered denying the allegation that it was a corporation and alleging that it was an...

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