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BIANCA v. PARKE-DAVIS PHARMACEUTICAL DIV.

No. 83-4108 Summary Calendar.

723 F.2d 392 (1984)

Madeline BIANCA, Administratrix of the Estate of Margaret Charlotta Young, Deceased, Plaintiff-Appellant, v. PARKE-DAVIS PHARMACEUTICAL DIVISION OF WARNER-LAMBERT CO., Dr. George Moss, Leonard S. Pickle, d/b/a Pickle's Rexall Drugs, and Does 1-15, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Roland Lewis, Robert Brantley, Jackson, Miss., for plaintiff-appellant.

Varner Parker & Sessums, David M. Sessums, Vicksburg, Miss., for Dr. George Moss.

Upshaw & Ladner, Heber A. Ladner, Jr., Jackson, Miss., for Parke-Davis.

Daniel, Coker, Horton & Bell, Roger C. Clapp, Donald V. Burch, J. Price Coleman, Jackson, Miss., for L.S. Pickle.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are called upon to determine when the citizenship of an administratrix is properly disregarded under 28 U.S.C. § 13591 in a putative diversity case. We hold that an administratrix's citizenship will govern the diversity inquiry unless the administratrix was named with the motive of creating diversity where it would not otherwise exist. Because no...

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