Anniston Soil Pipe Co. v. Central Foundry Co.

Full title: ANNISTON SOIL PIPE COMPANY, Appellant, v. CENTRAL FOUNDRY COMPANY…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 13, 1964

329 F.2d 313 (5th Cir. 1964)

Opinion

No. 20831.

March 13, 1964.

Abe Berkowitz, Don M. Jones, and David J. Vann, Birmingham, Ala., Berkowitz Lefkovits and Vann Patrick, Birmingham, Ala., of counsel, for appellants.

Stuart A. Jackson, New York City, Perry Hubbard and Clement, Rosen, Hubbard Waldrop, Tuscaloosa, Ala., for appellee.

Before MAGRUDER^_ and JONES, Circuit Judges, and ELLIS, District Judge.

_ Senior Circuit Judge of the First Circuit, sitting by designation.

PER CURIAM.

The only question on this appeal is whether the appellee corporation has its principal place of business in New York or in Alabama. If its principal place of business is in New York there is the diversity of citizenship requisite for federal jurisdiction. 28 U.S.C.A. § 1332(c). If the principal place of business is Alabama there is no federal jurisdiction. The district court decided that the principal place of business was in Alabama and dismissed the action. Anniston Soil Pipe Co. v. Central Foundry Co., D.C., 216 F. Supp. 473. We are in agreement with the district court in its decision and the reasons set forth in its opinion. The judgment is

Affirmed.