Foster C. Wilson v. Commercial Securities Company
This text of 429 F.2d 1305 (Foster C. Wilson v. Commercial Securities Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The judgment of the trial court dismissing this complaint for want of jurisdiction was clearly correct. Of the three plaintiffs named in the complaint, two were residents of Louisiana. At least three of the four defendants were residents of the same state. Obviously, therefore, there was no diversity jurisdiction in the district court. It is equally clear that appellants’ contention that the complaint was based on a case “arising under the constitution, laws or treaties of the United States” is incorrect. The action here was one based strictly on tort under the laws of the State of Louisiana.
The judgment is affirmed.
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429 F.2d 1305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-c-wilson-v-commercial-securities-company-ca5-1970.