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WENDEL v. HOFFMAN

No. 6245.

24 F.Supp. 63 (1938)

WENDEL v. HOFFMAN et al.

District Court, D. New Jersey.

July 15, 1938.

Attorney(s) appearing for the Case

Thos. L. Zimmerman, Jr., of Ridgewood, N. J., for plaintiff.

Harry Green, of Newark, N. J., for defendant Harold G. Hoffman.

Eugene Urbaniak and Richard J. Hughes, both of Trenton, N. J., for defendant Carroll T. Jones.

FORMAN, District Judge.

The petition to dismiss the plaintiff's complaint is based upon two grounds. First, it is contended that Wendel is a resident of New Jersey and not New York, and, hence, the prerequisite, diversity of citizenship, is lacking. Secondly, objection is made that the complaint is not verified.

Evidence relating to the domicile of Wendel was taken before a Special Master. This evidence is supplemented by affidavits.

From the facts...

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