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SCHWARTZ v. KEMPER

No. 46C96.

69 F.Supp. 152 (1946)

SCHWARTZ v. KEMPER et al.

District Court, N. D. Illinois, E. D.

October 28, 1946.

Attorney(s) appearing for the Case

M. J. Myer, of Chicago, Ill., for plaintiff.

Kirkland, Fleming, Green, Martin & Ellis, of Chicago, Ill., for defendants.

SULLIVAN, District Judge.

Plaintiff, a citizen of New York, as a member and policyholder of Lumbermens Mutual Casualty Company, brings this derivative action against defendants "in the right and for the benefit of Lumbermens," seeking to compel the individual defendants to account to Lumbermens for waste and diversion of its assets.

The complaint sets out that jurisdiction is predicated upon diversity of citizenship and the requisite amount in controversy...

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