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STEPHAN v. MARLIN FIREARMS COMPANY

Civ. No. 9194.

217 F.Supp. 880 (1963)

Frances Metzger Wirth STEPHAN, as Guardian of Charles Wirth, Plaintiff, v. The MARLIN FIREARMS COMPANY, Inc., F. A. Landers, Carl Pavlick and John Misciuch, Defendants.

United States District Court D. Connecticut.

May 14, 1963.

Attorney(s) appearing for the Case

Theodore I. Koskoff, Bridgeport, Conn., and James M. Desmond, Norwalk, Conn., for plaintiffs.

Kevin Gormley of Gormley & Gormley, New Haven, Conn., for defendant The Marlin Firearms Company, Inc.

Adrian W. Maher of Maher & Maher, Bridgeport, Conn., for defendant Pavlick.

Sidney Vogel of Vogel, Sigsway, Seidman & Harris, Norwalk, Conn., for defendant Landers.

Paul V. McNamara, Bridgeport, Conn., for defendant Misciuch.

TIMBERS, District Judge.

The motion of defendant Marlin Firearms Company, Inc., pursuant to Rule 12(b) (1), Fed.R.Civ.P., to dismiss the action for lack of jurisdiction over the subject matter, raises the question whether appointment of plaintiff as foreign guardian of the estate of a minor child expressly for the purpose of creating diversity of citizenship in this action for negligence and breach of warranty requires dismissal on the ground plaintiff "has been improperly...

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