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St. Elmo FERRARA, Trustee of an Express Trust, Plaintiff-Appellant, v. PHILADELPHIA LABORATORIES, INC., Proctor Hospital, Dr. Edward R. Bo

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.

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FERRARA v. PHILADELPHIA LABORATORIES, INC
(May 6, 1968)