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BURKETT v. WESTERN MARYLAND RY. CO.

Civ. A. No. 84-0072.

595 F.Supp. 1058 (1984)

Robert I. BURKETT, Plaintiff, v. WESTERN MARYLAND RAILWAY CO., Walter N. Yoder and Sons, Inc., and Westvaco Corporation, Defendants.

United States District Court, M.D. Pennsylvania.

October 18, 1984.

Attorney(s) appearing for the Case

Joseph Smukler, Herman B. Poul, Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., for plaintiff.

Joseph Neff Ewing, Jr., Philadelphia, Pa., for defendants.

Jeffrey B. Rettig, Harrisburg, Pa., for third party defendant Walter N. Yoder & Sons & Westvaco.

MEMORANDUM

CALDWELL, District Judge.

Defendants, Walter N. Yoder & Sons, Inc. (Yoder) and Westvaco Corporation (Westvaco), have moved pursuant to Fed.R. Civ.P. 12(b) to dismiss plaintiff's amended complaint against them for lack of complete diversity between the parties.1 For the reasons set forth below, we grant the motion as to Yoder and deny it as to Westvaco.

Plaintiff's complaint alleges that he is a citizen...

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