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JENSEN v. MITSCHELE CONTRACTING CO.

No. 80-1052.

630 F.2d 209 (1980)

Susan Mitschele JENSEN and Harry A. Specht, as Co-executors of the Estate of Robert J. Mitschele, Appellants, v. MITSCHELE CONTRACTING CO., Mitsco, Inc., Ralco, Inc., Deerco, Inc., Larwood Inc., Mitschele Construction Corp., Exex, Inc., Chexco, Inc., Ramoe, Inc., Xenco, Inc., Redmit, Inc., Wason, Inc., M-1-1, Inc., and/or M-One-One, Inc., Demit, Inc., Ralph E. Mitschele, Norman F. Mitschele, Robert V. Doran, Rubin-Goertz & Co., Sills, Beck, Cummis, Radin & Tishman.

United States Court of Appeals, Third Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Douglas S. Brierley, Schenck, Price, Smith & King, Morristown, N. J., for appellants; Thomas W. Greelish, Morristown, N. J., of counsel.

Jerald D. Baranoff, Sills, Beck, Cummis, Radin & Tischman, P. A., Newark, N. J., for appellees.

Before ALDISERT, ROSENN and GARTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 16, 1980.

OPINION OF THE COURT

PER CURIAM:

This appeal requires us to decide if a demand by personal representatives of a decedent for access to corporate papers for the purpose of preparing a federal estate tax return constitutes a case or controversy arising under the "laws of the United States" in order to confer federal subject matter jurisdiction under 28 U.S.C. §§ 1340

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