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TUDOR v. LESLIE

No. 793 Civ. A.

35 F.Supp. 969 (1940)

TUDOR v. LESLIE et al.

District Court, D. Massachusetts.

December 3, 1940.

Attorney(s) appearing for the Case

B. Loring Young and Richard D. Gerould, both of Boston, Mass., for plaintiff.

K. C. Parker and Sawyer, Hardy, Stone & Morrison, all of Boston, Mass., for defendant.

BREWSTER, District Judge.

This action is to recover for personal injuries. Diversity of citizenship is alleged and denied. At the request of the plaintiff, a preliminary hearing was held under Federal Rules of Civil Procedure, rule 12(d), 28 U.S.C.A. following section 723c, on the question whether plaintiff was a citizen of Massachusetts, as claimed by defendants. When the hearing was assigned, it was supposed that plaintiff...

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