MASON v. AMERICAN EXPRESS COMPANY

No. 327, Docket 28631.

334 F.2d 392 (1964)

Florence W. MASON and Willard M. Mason, Plaintiffs-Appellants, v. AMERICAN EXPRESS COMPANY and Howard L. Clark, as President of American Express Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 2, 1964.


Attorney(s) appearing for the Case

Baker, Nelson, Williams & Mitchell, New York City (C. Dickerman Williams, New York City, of counsel), for plaintiffs-appellants.

Michels, Gangel & Walton, Brooklyn (L. L. Walton, New York City, of counsel), for defendants-appellees.

Before WATERMAN and KAUFMAN, Circuit Judges, and DIMOCK, District Judge.


WATERMAN, Circuit Judge.

This appeal presents the important question of whether an unincorporated joint stock association, organized and existing under the laws of the State of New York, should, like a corporate body which has been incorporated there, be deemed a citizen of New York for the purpose of determining whether the diversity of citizenship requirements of Article III, Section 2 of the United States Constitution and 28 U.S.C. § 1332 have been met; or...

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