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CLEMMER v. KUMMER

No. 2-60-Civ.-31.

187 F.Supp. 736 (1960)

Donald P. CLEMMER, Delores M. Clemmer, Patrick P. Clemmer, a minor, by Donald P. Clemmer, his next friend, and Rodney A. Clemmer, a minor, by Donald P. Clemmer, his next friend, Plaintiffs, v. Mike KUMMER and Peter Goss, Defendants.

United States District Court D. Minnesota, Fourth Division.

October 11, 1960.

Attorney(s) appearing for the Case

Richard W. Johnson, Minneapolis, Minn., for plaintiffs.

J. W. Cragg, Minneapolis, Minn., for defendant Kummer.

Robert J. Sheran, Mankato, Minn., for defendant Goss.

DEVITT, Chief Judge.

This is a personal injury action arising out of an automobile accident that occurred February 1, 1959 near Sleepy Eye, Minnesota. Defendant Kummer has moved this court for an order dismissing the action on the ground that a genuine and bona fide diversity of citizenship did not exist between the parties when the lawsuit commenced, as required by 28 U.S.C. § 1332(a) (1).1

This action was started on February...

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