Summary
indicating that plaintiff administrator had served in the same role in the court below 33 other times to create diversity
Summary of this case from O'Brien v. AVCO Corp.Opinion
Nos. 12766-12768.
Argued December 1, 1958.
Decided February 26, 1959.
Appeal from the United States District Court for Western District of Pennsylvania; John W. McIlvaine, Judge.
James F. Manley, Pittsburgh, Pa., (James J. Burns, Jr., Pittsburgh, Pa., on the brief), for appellants.
James P. McArdle, Pittsburgh, Pa., for appellee.
Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.
These appeals present the same issues as those decided today in Corabi v. Auto Racing Co., 3 Cir., 264 F.2d 784. We note that in thirty-three additional civil actions in the court below Mr. Jamison was named as administrator in order to create federal diversity jurisdiction. We observe also, as in the Corabi case, that the events complained of in these three suits occurred in Pennsylvania and the decedents were residents of Pennsylvania. If the situation presented requires a cure that cure in the present state of the law cannot come from this court. For the reasons stated in the Corabi opinion the judgments will be affirmed.