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DOUGHERTY v. OBERG

No. 2-68-Civ.-308.

297 F.Supp. 635 (1969)

James DOUGHERTY, Guardian of the Estate of Elaine R. Erickson, a minor, Plaintiff, v. Leslie OBERG, Defendant.

United States District Court D. Minnesota, Third Division.

March 28, 1969.

Attorney(s) appearing for the Case

John E. Von Holtum, Mott, Grose, Von Holtum & Hefferan, Worthington, Minn., for plaintiff.

Arthur J. Donnelly, Stringer, Donnelly & Sharood, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The question raised by motion to dismiss in this diversity negligence action is whether a non-resident guardian of a Minnesota infant may maintain an action against a Minnesota defendant under the federal diversity statute. We think not.

The action is one to recover damages for personal injuries to a six-year-old Minnesota citizen, Elaine Erickson, sustained in a motor vehicle-tractor crash on a Minnesota...

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