WASYK v. TRENT

No. 37531.

174 Ohio St. 525 (1963)

WASYK ET AL., APPELLANTS, v. TRENT, APPELLEE.

Supreme Court of Ohio.

Decided May 15, 1963.


Attorney(s) appearing for the Case

Messrs. Withrow & Hutton, for appellants.

Messrs. Curtner, Brenton & Selva, for appellee.


MATTHIAS, J.

The issue in this cause is whether an action brought in a federal District Court, where jurisdiction is based on diversity of citizenship, is commenced so as to come within the provisions of Section 2305.19, Revised Code, where it is shown at a hearing conducted in the federal court that there was, in fact, no diversity of citizenship at the time of the filing of the complaint, and the action is, therefore, dismissed.

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