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WHITE v. LEE MARINE CORPORATION

No. 29709 Summary Calendar.

434 F.2d 1096 (1970)

Maria Pilar WHITE et al., Plaintiffs-Appellants, v. LEE MARINE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 1, 1970.

Attorney(s) appearing for the Case

Ward Stephenson, Orange, Tex., for appellants.

Tanner Hunt, Beaumont, Tex., W. Garney Griggs, James E. Ross, Houston, Tex., George E. Duncan, Beaumont, Tex., for appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

In this diversity case, we are called upon to determine whether the appointment of a Louisiana representative to sue on behalf of Texas residents to set aside a consent judgment in a wrongful death action is "improper or collusive" within the meaning of 28 U.S.C. § 1359.1 We believe that it is and therefore affirm the district court's dismissal of appellant's suit for want of jurisdiction.

Plaintiff-appellant...

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