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MARTINEZ v. UNITED STATES OLYMPIC COMMITTEE

No. 83-1758.

802 F.2d 1275 (1986)

Elsie Pinto MARTINEZ, as Personal Representative of the Estate of Benjamin Davis, deceased, Plaintiff-Appellant, v. UNITED STATES OLYMPIC COMMITTEE, the USA Amateur Boxing Federation, Inc., the New Mexico Association of USA Amateur Boxing Federation, Inc., the Golden Gloves Association of America, the New Mexico Golden Gloves Association, the State of New Mexico, the New Mexico Boxing Commission, the City of Albuquerque, the VFW Post 401, Lloyd Vanderhoff, Stan Gallup, John Van Sickler, Sammy Burke, Floyd Mansell, Sandy Pino, Fran Montoya, Albert Gutierrez, Roger Rodriguez, Dr. James Shiveley, Dr. A.A. Chester, Dr. C.D. Milligan, Northeastern Fire Insurance Company of Pennsylvania, and Sugar Ray Leonard, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 6, 1986.

Attorney(s) appearing for the Case

John B. Leyba (Chris Lucero, Jr., with him, on briefs), Albuquerque, N.M., for plaintiff-appellant.

John A. Klecan of Shaffer, Butt, Thornton & Baehr, Albuquerque, N.M., for defendants-appellees, The USA Amateur Boxing Federation, Inc., The New Mexico Ass'n of USA Amateur Boxing Federation, Inc., Sammy Burke, Floyd Mansell, Sandy Pino, Fran Montoya, and Albert Gutierrez.

Kenneth L. Harrigan and Mark B. Thompson, III, of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M., filed a brief on behalf of defendants-appellees State of N.M. and New Mexico Athletic Com'n.

Alan Konrad and Alice Tomlinson Lorenz of Miller, Stratvert, Torgerson & Brandt, Albuquerque, N.M., filed a brief on behalf of defendant-appellee U.S. Olympic Committee.

C. LeRoy Hansen, Terry R. Guebert, and Paul L. Civerolo of Civerolo, Hansen & Wolf, and Robert W. Casey of Carian & Casey, Albuquerque, N.M., filed a brief on behalf of defendants-appellees V.F.W. Post 401, Stan Gallup, John Van Sickler, and Lloyd Vanderhoof.

Before HOLLOWAY, Chief Judge, and LOGAN and TIMBERS, Circuit Judges.

LOGAN, Circuit Judge.

This is a wrongful death action brought by Elsie Pinto Martinez as personal representative of the estate of Benjamin Davis. The district court dismissed the complaint for lack of subject matter jurisdiction. We consider on appeal whether the district court erred in finding (1) no federal diversity jurisdiction because Martinez was improperly or collusively made a party in violation of 28 U.S.C. § 1359, and (2) no federal question jurisdiction...

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