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McSPARRAN v. KINGSTON CONTRACTING CO.

Civ. A. Nos. 31436, 31437.

221 F.Supp. 459 (1963)

Stella McSPARRAN, Administratrix of the Estate of John M. Francis, a minor, deceased v. KINGSTON CONTRACTING CO., Inc. and Walter C. Herbert and John H. Stout. Wallace R. FRANCIS and Margaret E. Francis, in their own right, and Carol Francis, Barbara Francis and Catharine Francis, minors by their parents and natural guardians Wallace R. Francis and Margaret E. Francis v. KINGSTON CONTRACTING CO., Inc., and Walter C. Herbert and John H. Stout.

United States District Court E. D. Pennsylvania.

August 2, 1963.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Kenneth Syken, Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa., for plaintiff.

William T. Campbell, Jr., Joseph Head, Swartz, Campbell & Henry, Philadelphia, Pa., for defendant, Kingston Contracting Co.

Edward C. German, Walter J. Timby, Jr., LaBrum & Doak, Philadelphia, Pa., for defendants Walter C. Herbert and John H. Stout.

GRIM, District Judge.

In these cases in which jurisdiction is founded only on diversity of citizenship, plaintiff administratrix resides in New Jersey, and the other plaintiffs reside in Connecticut; defendant Kingston Contracting Co., Inc., is a resident of Pennsylvania and defendants Herbert and Stout are residents of West Virginia. Defendants Herbert and Stout have filed motions to dismiss under the venue statute 28 U.S.C.A. § 1391:

"(a) A civil action...

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