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MOYERS v. LEOFFLER, (D.D.C. 1941)

United States District Court, D. Columbia.
Sep 3, 1941

Action by Maude Moyers against S.J. Leoffler, Jr., and E.J. Farr doing business under the firm name and style of Leoffler Farr, and operating the Coliseum Roller Rink. On defendant's motion to require plaintiff to give security for costs.

Motion granted.

BAILEY, Justice.

The plaintiff in opposing the motion to require security for costs does not deny that the plaintiff is a nonresident of the District of Columbia. The jurisdiction of this Court is not based on diversity of citizenship, and in any event if it were the fact of diversity of citizenship would have to be shown by the plaintiff.

The motion should be sustained and the plaintiff required to furnish an undertaking in the amount of one hundred dollars, with surety approved by the court, or a cash deposit of $50 within twenty days from this date.