SHOEMAKER v. MALAXA

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Docket Number

No. 128, Docket 24071.

Attorney(S)

White Case, New York City (David Hartfield, Jr. and Howard J. Aibel, New York City, of counsel on the brief), for plaintiff-appellant. Kissam Halpin, New York City, (James H. Halpin, New York City, of counsel), for defendant-appellee.

Judges

Carroll Clark Hincks
Joseph Edward Lumbard
Sterry Robinson Waterman

Acts

Judiciary And Judicial Procedure — District Courts; Jurisdiction — Jurisdiction And Venue — Diversity Of Citizenship; Amount In Controversy; Costs

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Thomas B. SHOEMAKER, Plaintiff-Appellant, v. Nicolai MALAXA, Defendant-Appellee.

PER CURIAM.

Appellant sued in the District Court to recover attorney's fees, asserting that he was a resident of the District of Columbia and that the defendant was "an alien and a citizen of Roumania." At the conclusion of the trial Judge Murphy entered judgment dismissing the complaint on the ground that the defendant was a stateless alien in that Roumania had revoked his citizenship in 1948.

For the reasons set forth by Judge Bicks in his opinion in Blair Holdings Corp. v. Rubinstein, D.C.S.D.N.Y. 1955, 133 F. Supp. 496, it seems clear that a stateless person, such as Malaxa was conceded to be, is not a citizen or subject of a foreign state within the meaning of 28 U.S.C.A. § 1332(a)(2). The complaint was properly dismissed for lack of jurisdiction.

Affirmed.

Thomas B. SHOEMAKER, Plaintiff-Appellant, v. Nicolai MALAXA, Defendant-Appellee.

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