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GROH v. BROOKS

No. 17944.

421 F.2d 589 (1970)

James L. GROH, Sr., as Administrator of the Estate of Daughan Clair Groh, Deceased, Appellant, v. Ronald BROOKS, Individually and trading and doing business as Brooks Sign Co., and Pennsylvania Electric Company, a Corporation v. SHALLWAY OUTDOOR ADVERTISING COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided January 14, 1970.

Attorney(s) appearing for the Case

David E. Cohen, Uniontown, Pa., for appellant.

Richard S. Dorfzaun, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellees, Shallway Outdoor Advertising Co. and Pennsylvania Electric Co. (William C. Walker, Pittsburgh, Pa., on the brief for Pennsylvania Electric Co.).

William B. Freilich, LaBrum & Doak, Philadelphia, Pa., for appellee Ronald Brooks (Carl W. Brueck, Jr., Brueck, Walker & Brueck, Pittsburgh, Pa., on the brief).

Before MARIS, SEITZ and STAHL, Circuit Judges.

OPINION OF THE COURT

STAHL, Circuit Judge.

This is an appeal from an order dismissing a survival and wrongful death diversity action on the ground that diversity had been "manufactured" contrary to the rule of McSparran v. Weist, 402 F.2d 867 (3d Cir. 1968), cert. denied sub nom. Fritzinger v. Weist, 395 U.S. 903, 89 S.Ct. 1739, 23 L.Ed.2d 217 (1969).1

Plaintiff-appellant, a resident...

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