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MESSERSMITH v. MATTEUCCI

Civ. No. 9505.

276 F.Supp. 310 (1966)

Paddy Eugene MESSERSMITH et al., Plaintiffs, v. Lewis MATTEUCCI et al., Defendants.

United States District Court E. D. California.

October 11, 1966.

Attorney(s) appearing for the Case

Jack H. Werchick, San Francisco, Cal., for plaintiff, Messersmith.

Gudmundson, Siggins, Stone & Goff, Charles E. Goff, San Francisco, Cal., for defendant, Matteucci.

MEMORANDUM AND ORDER

HALBERT, District Judge.

Defendant has, pursuant to Rule 12, Federal Rules of Civil Procedure, moved to dismiss this action, based upon the diversity jurisdiction of this Court, on the ground that the parties lack the required diversity of citizenship. Defendant is admittedly a citizen of the State of California as, he asserts, is plaintiff. The matter has been submitted for resolution upon affidavits and the plaintiff's deposition pursuant...

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