Louis Matteucci, Appellant, v. Paddy Eugene Messersmith, Appellee, 385 F.2d 1023 (9th Cir. 1967)

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U.S. Court of Appeals for the Ninth Circuit - 385 F.2d 1023 (9th Cir. 1967) October 30, 1967

Appeal from the United States District Court for the Eastern District of California; Sherrill Halbert, Judge.

Charles E. Goff, Gudmundson, Siggins, Stone & Goff, San Francisco, Cal., for appellant.

David P. Weaver, Jr., Jack H. Werchick, San Francisco, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


This is an interlocutory appeal from an order denying appellant's motion to dismiss for lack of federal jurisdiction, based on alleged diversity of citizenship. It presents a complicated factual situation upon which the trial court concluded there was diversity, and hence jurisdiction.

We approve and confirm the trial court's finding and order (C.T. 75-79), and on the authorities therein enumerated we affirm. Messersmith v. Matteucci, D.C., 276 F. Supp. 310.