MANN v. EQUITABLE GAS COMPANY

Civ. A. No. 681-F.

209 F.Supp. 571 (1962)

Roy W. MANN, Plaintiff, v. EQUITABLE GAS COMPANY, a Corporation, and Peerless Manufacturing Company, a Corporation, Defendants.

United States District Court N. D. of West Virginia, at Fairmont.

August 30, 1962.


Attorney(s) appearing for the Case

W. C. Weaver, Charleston, W. Va., for plaintiff.

Russell B. Goodwin, Wheeling, W. Va., for Equitable Gas Company.

Willis O. Shay, Clarksburg, W. Va., for Peerless Manufacturing Company.


HARRY E. WATKINS, Chief Judge.

The defendant, Equitable Gas Company has been dismissed out of this diversity of citizenship action because there is no diversity as to it, leaving only Peerless as a defendant. Peerless has moved to dismiss because (1) the Court lacks jurisdiction in personam as to it, because at the time the alleged cause of action arose, Peerless was not incorporated under the laws of the State of West Virginia, was not licensed to do, nor was it...

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