Ferrara v. Philadelphia Laboratories, Inc.

Full title: St. Elmo FERRARA, Trustee of an Express Trust, Plaintiff-Appellant, v…

Court: United States Court of Appeals, Second Circuit

Date published: May 6, 1968

393 F.2d 934 (2d Cir. 1968)

Opinion

Nos. 369, 370, Dockets 31893, 31894.

Argued April 5, 1968.

Decided May 6, 1968.

Robert A. Bloomer, Rutland, Vt. (Bloomer Bloomer, Rutland, Vt.), for plaintiff-appellant.

Frederic W. Allen, Burlington, Vt. (Wick, Dinse Allen, Burlington, Vt.), for Philadelphia Laboratories, Inc.

Black Plante, White River Junction, Vt., for Hospital.

Webber Costello, Rutland, Vt., for Dr. Edward R. Bove.

Davis, Martin Free, Barre, Vt., for Dr. William A. O'Rourke, Jr.

Coffrin Pierson, Burlington, Vt., for Dr. Henry J. Fregosi.

Before MOORE, WOODBURY^_ and SMITH, Circuit Judges.

_ Of the First Circuit, sitting by designation.

Complaint dismissed by the United States District Court for the District of Vermont, Leddy, J., on the ground that the court was without jurisdiction under the provisions of 28 U.S.C. § 1359.

PER CURIAM:

District Judge Leddy held that St. Elmo Ferrara had been "improperly and collusively" made a party to invoke the jurisdiction of the court. He therefore dismissed the complaint on the ground that the court was without jurisdiction under the provisions of 28 U.S.C. § 1359.

We affirm on his opinion reported at 272 F. Supp. 1000.