WITTMEYER TRUCKING CO., INC. v. FESS TRANSPORT LIMITED

Civ. 8904.

191 F.Supp. 802 (1961)

WITTMEYER TRUCKING CO., Inc., Plaintiff, v. FESS TRANSPORT LIMITED, formerly Douglas C. Fess Limited, et al., Defendants.

United States District Court W. D. New York.

March 7, 1961.


Attorney(s) appearing for the Case

Burke & Crimi, Buffalo, N. Y. (Howard V. Burke, Buffalo, N. Y., of counsel), for plaintiff.

Phillips, Mahoney, Lytle, Yorkey & Letchworth, Buffalo, N. Y. (Alexander C. Cordes, Buffalo, N. Y., of counsel), for defendants.


HENDERSON, District Judge.

Defendants have moved for an order dismissing this action for lack of diversity jurisdiction on the grounds that defendants Louis P. Mirando and Paul E. Andrews are not citizens of a different state than plaintiff or of a foreign state as required by Title 28 U.S.C. § 1332. In support of the motion the two named defendants have submitted affidavits, Mirando stating that he is a citizen of the United States resident in Canada and Andrews...

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