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BROCKI v. AMERICAN EXPRESS COMPANY

Civ. A. No. 12502.

172 F.Supp. 648 (1959)

Myrtle Frances BROCKI, Plaintiff, v. AMERICAN EXPRESS COMPANY, a New York corporation, Defendant & Third-party Plaintiff, Demery's, Inc., a New Jersey corporation, Third-party Defendant.

United States District Court E. D. Michigan, S. D.

April 21, 1959.

Attorney(s) appearing for the Case

Max M. Marston, Harold Helper, Detroit, Mich., for plaintiff.

John G. Garlinghouse and Richard C. Van Dusen of Dickinson, Wright, Davis, McKean & Cudlip, Detroit, Mich., for defendant, American Express Co.

Joseph H. Guttentag of McClintock, Fulton, Donovan & Waterman, Detroit, Mich., for defendant, Demery's, Inc.

THORNTON, District Judge.

Defendant American Express has filed a motion to dismiss for lack of jurisdiction. Plaintiff is a Michigan citizen. Defendant is an unincorporated joint stock association having more than 200 stockholder-members living in Michigan at the time this suit was commenced, according to the affidavit of a Senior Vice President and Secretary of American Express.

Plaintiff relies on M.S.A. 27.664, Comp.Laws 1948, § 612.12 and Van Sant...

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