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KOSTER v. LUMBERMENS MUTUAL CO.

No. 206.

330 U.S. 518 (1947)

67 S.Ct. 828

91 L.Ed. 1067

KOSTER v. (AMERICAN) LUMBERMENS MUTUAL CASUALTY CO.

Supreme Court of United States.

Decided March 10, 1947.

Attorney(s) appearing for the Case

Julius Levy argued the cause and filed a brief for petitioner.

Stuart N. Updike argued the cause for respondent. With him on the brief were Weymouth Kirkland, Howard Ellis and Louis G. Caldwell.

MR. JUSTICE JACKSON delivered the opinion of the Court.

This is a derivative action, in equity as are all such derivative actions, begun by plaintiff as a member and policyholder of Lumbermens Mutual Casualty Company "in the right of Lumbermen's and on behalf of all its members and policy holders." It was brought in the United States District Court for the Eastern District of New York, of which plaintiff is a citizen. Jurisdiction rests on diversity of citizenship...

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