CORAL v. GONSE

No. 9139.

330 F.2d 997 (1964)

Charles T. CORAL, Appellant, v. Gavino GONSE, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 15, 1964.


Attorney(s) appearing for the Case

Leonard B. Sachs, Norfolk, Va. (Kanter, Kanter & Sachs, Norfolk Va., on the brief), for appellant.

Terry H. Davis, Jr., and Harry N. Gustin, Norfolk, Va. (Taylor, Gustin, Harris & Furniss, Norfolk, Va., on the brief), for appellee.

Before HAYNSWORTH and BRYAN, Circuit Judges, and BUTZNER, District Judge.


HAYNSWORTH, Circuit Judge:

When, in this diversity action, it appeared that the defendant was a resident of Virginia, the District Court declined to permit the plaintiff to renounce his allegation that he, the plaintiff, was a resident of Virginia. The District Judge thereupon dismissed the action for want of diversity. We affirm that dismissal.

Plaintiff and defendant are shipmates in the United States Navy. Each was born in the Philippines; each is a naturalized...

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