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O'BRIEN v. AVCO CORPORATION

Nos. 120, 121, Dockets 33576, 33577.

425 F.2d 1030 (1969)

Edward M. O'BRIEN, as Administrator c.t.a. of the Estate of Chester J. Barch, Deceased, Appellee, v. AVCO CORPORATION, the Bendix Corporation and Paul G. Badgley Company, Inc., Appellants.

United States Court of Appeals Second Circuit.

Decided November 13, 1969.

Attorney(s) appearing for the Case

Ernest Kennedy, New York City (Mendes & Mount, New York City, on the brief), for appellants AVCO and Bendix.

William G. Becker, Jr., Newark, N.J. (Donald A. Robinson, New York City, on the brief), for appellant Paul G. Badgley Co. Inc.

Alfred W. Gans, New York City (Frank H. Granito, Jr., Speiser, Shumate, Geoghan, Krauss & Rheingold, New York City, on the brief), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge.

The sole question for determination on appeal is whether appointment of an administrator c. t. a. of an estate for the purpose of invoking federal diversity jurisdiction is "improper" or "collusive" within the meaning of 28 U.S.C. § 1359 (1964).1

Since the dispute is over the law alone, the facts may be stated briefly. In 1965, Chester J. Barch, John T. Schweitzer, and Harry T. Ditch were...

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