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BASS v. TEXAS POWER & LIGHT COMPANY

No. 28955.

432 F.2d 763 (1970)

Joseph E. BASS, Administrator of the Estate of John William Morris, Deceased, Plaintiff-Appellee, v. TEXAS POWER & LIGHT COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing Denied September 30, 1970.

Attorney(s) appearing for the Case

Burford, Ryburn & Ford, Frank M. Ryburn, Jr., Wayne Pearson, J. Dan Bohannan, Dallas, Tex., Orgain, Bell & Tucker, Gilbert I. Low, Beaumont, Tex., for appellant.

John B. Murphrey, Brown, Kronzer, Abraham, Watkins & Steely, W. James Kronzer, Houston, Tex., for appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc Denied September 30, 1970.

LEWIS R. MORGAN, Circuit Judge:

This appeal presents the issue of whether the appointment of an out-of-state administrator for the sole purpose of creating diversity of citizenship between the parties of a lawsuit in order to invoke the jurisdiction of the federal courts is "improper" or "collusive" under Section 1359, Title 28, United States Code.1

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