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HARLAN v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 17958.

180 F.Supp. 725 (1960)

Virginia C. HARLAN, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, a Pennsylvania corporation, and Samuel Jackson's Sons, Inc., a Delaware corporation, Defendants.

United States District Court W. D. Pennsylvania.

January 20, 1960.

Attorney(s) appearing for the Case

James W. Daub, Pittsburgh, Pa., for plaintiff.

Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., for Pennsylvania R. Co.

Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for Samuel Jackson's Sons, Inc.

GOURLEY, Chief Judge.

This matter comes before the court on plaintiff's petition to convene a three-judge statutory court in order to question the constitutionality of an Act of Congress of July 25, 1958, Section 2, Clause (c), 28 U.S.C.A. § 1332, wherein Congress in defining citizenship to confer jurisdiction in the United States District Courts in diversity actions provided that "a corporation shall be deemed a citizen of any state by which it has been incorporated...

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