PRUDENTIAL OIL CORP. v. PHILLIPS PETROLEUM CO.

No. 324, Docket 76-7207.

546 F.2d 469 (1976)

PRUDENTIAL OIL CORPORATION, Plaintiff-Appellee, v. PHILLIPS PETROLEUM COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 1, 1976.


Attorney(s) appearing for the Case

Robert MacCrate, New York City (David B. Rigney, Richard J. Urowsky, Sullivan & Cromwell, New York City, Lloyd G. Minter, C. J. Roberts, Don Jemison, Phillips Petroleum Co., Bartlesville, Okl., of counsel), for defendant-appellant.

Thomas R. Farrell, New York City (Leonard M. Marks, Gold, Farrell & Marks, Abrams & Sassower, New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, MANSFIELD and MESKILL, Circuit Judges.


MANSFIELD, Circuit Judge:

This appeal raises the question of whether federal diversity jurisdiction may be acquired through the assignment by a non-diverse parent corporation of its claim to a newly-created, 100 percent owned diverse subsidiary, which owns no other assets and is engaged solely in the prosecution of the claim. In this case the parent, Prudential Equities, a Delaware corporation ("Prudential-Delaware"), assigned its claim against appellant Phillips...

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