William E. Harris v. The American Legion and Arthur Wayne Murphy

Seventh Circuit

William E. Harris v. The American Legion and Arthur Wayne Murphy

261 F.2d 594

CourtCourt of Appeals for the Seventh Circuit

DecidedJanuary 12, 1959

Docket12411

StatusPublished

Cited by2 cases

This text of 261 F.2d 594 (William E. Harris v. The American Legion and Arthur Wayne Murphy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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William E. Harris v. The American Legion and Arthur Wayne Murphy, 261 F.2d 594 (7th Cir. 1959).

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Opinion

PER CURIAM.

The amended complaint herein is in two paragraphs. The first is in two counts in each of which libel is charged. The second paragraph is in one count predicated upon alleged slander.

The cause was tried before the Court on the separate issue of jurisdiction under § 1332(a) (1), Title 28 U.S.C.A. The pleadings and record presented no jurisdictional question other than the issue of diversity of citizenship.

The District Court held that it was without jurisdiction under § 1332(a) (1), and the action must be dismissed as to the American Legion by reason of the fact that while the Legion is a citizen of the United States, it is not a citizen of any state for jurisdictional purposes. The complaint also was dismissed as to defendant Murphy for the reasons stated in the Court's opinion.

We think the District Court’s opinion adequately and completely discussed the issue and that the Court reached the correct conclusions of law. The citation of the trial court’s opinion is Harris v. American Legion, D.C., 162 F.Supp. 700. We adopt said opinion as the opinion of this Court.

Affirmed.

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