BRADBURY v. DENNIS

No. 6978.

310 F.2d 73 (1962)

T. O. BRADBURY and N. B. Burt, Appellants, v. Frank DENNIS, Appellee.

United States Court of Appeals Tenth Circuit.

October 15, 1962.


Attorney(s) appearing for the Case

Fred M. Winner, Denver, Colo. (Emory L. O'Connell and Robert J. Enochs, Denver Colo., were with him on brief), for appellants.

Clyde J. Watts, Oklahoma City, Okl. (Yegge, Hall & Schulenberg, Denver, Colo., was with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.


MURRAH, Chief Judge.

This interlocutory appeal under Section 1292(b) Title 28 U.S.C., squarely presents the question of the trial court's diversity jurisdiction. It is contended that the assignment of the asserted cause of action by a wholly owned resident corporation to its nonresident stockholder-plaintiff was "improperly or collusively" made to invoke federal court jurisdiction within the meaning of Section 1359, 28 U.S.C., which denies diversity jurisdiction in...

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