William E. Harris v. The Am. Legion & Arthur Wayne Murphy, 261 F.2d 594 (7th Cir. 1959). · Go Syfert
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William E. Harris v. The Am. Legion & Arthur Wayne Murphy, 261 F.2d 594 (7th Cir. 1959). Cases Citing This Book View Copy Cite
“no federal question is involved merely by reason of incorporation pursuant to a federal act.”
28 citation events (4 in the last 25 years) across 23 distinct courts.
Strongest positive: Rogers v. Relitz (wied, 2022-11-18) · Strongest negative: Wormley v. Southern Pacific Transportation Co. (txed, 1994-09-07)
Treatment trajectory · 1959 → 2026 · click a year to view as-of
1959 1992 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "but see" Wormley v. Southern Pacific Transportation Co.
E.D. Tex. · 1994 · signal: but see · confidence high
See Carwile v. Public Service Co., 315 F.2d 301 (7th Cir.1963) (amendment permitted even during appeal); but see Harris v. American Legion, 162 F.Supp. 700 (S.D.Ind.1958), aff'd, 261 F.2d 594 (7th Cir.1958) (holding that party refusing to accept courts offer to amend precluded from amending on appeal).
discussed Cited as authority (quoted) Rogers v. Relitz (2×) also: Cited "see, e.g."
E.D. Wis. · 2022 · quote attribution · 1 verbatim quote · confidence low
no federal question is involved merely by reason of incorporation pursuant to a federal act.
discussed Cited "see" Burton v. United States Olympic Committee
C.D. Cal. · 1983 · signal: see · confidence high
See Harris v. American Legion, 162 F.Supp. 700 (S.D.Ind.1958) (defendant was not localized in Indiana, despite the fact that its national headquarters had been located there since 1919, where it was authorized to organize and operate in every state and to establish and maintain offices without situs, and where its powers in fact had been exercised equally in every state), aff'd per curiam, 261 F.2d 594 (7th Cir.1958); Rice v. Disabled American Veterans, 295 F.Supp. 131 (D.D.C.1968) (defendant was not localized in Kentucky, despite the location of its national headquarters there, where, like th…
Retrieving the full opinion text from the archive…
William E. HARRIS, Plaintiff-Appellant,
v.
the AMERICAN LEGION and Arthur Wayne Murphy, Defendants-Appellees
12411.
Court of Appeals for the Seventh Circuit.
Jan 12, 1959.
261 F.2d 594
Joseph Kivett and Silas C. Kivett, Jr., Indianapolis, Ind., for appellants., Ralph B. Gregg, Indianapolis, Ind., for appellee.
Duffy, Major, Parkinson, Per Curiam.
Cited by 2 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: E.D. Wisconsin (1)
PER CURIAM.

The amended complaint herein is in two paragraphs. The first is in two counts in each of which libel is charged. The second paragraph is in one count predicated upon alleged slander.

The cause was tried before the Court on the separate issue of jurisdiction under § 1332(a) (1), Title 28 U.S.C.A. The pleadings and record presented no jurisdictional question other than the issue of diversity of citizenship.

The District Court held that it was without jurisdiction under § 1332(a) (1), and the action must be dismissed as to the American Legion by reason of the fact that while the Legion is a citizen of the United States, it is not a citizen of any state for jurisdictional purposes. The complaint also was dismissed as to defendant Murphy for the reasons stated in the Court's opinion.

We think the District Court’s opinion adequately and completely discussed the issue and that the Court reached the correct conclusions of law. The citation of the trial court’s opinion is Harris v. American Legion, D.C., 162 F.Supp. 700. We adopt said opinion as the opinion of this Court.

Affirmed.