Linda Boysen, in No. 71-1730, & Joseph Donahue v. Treadway Inn of Lake Harmony, Inc., Ind. & T/a Split Rock Lodge v. Joseph Donahue, in No. 71-1731, (Plaintiff), Third-Party, 463 F.2d 247 (3rd Cir. 1972). · Go Syfert
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Linda Boysen, in No. 71-1730, & Joseph Donahue v. Treadway Inn of Lake Harmony, Inc., Ind. & T/a Split Rock Lodge v. Joseph Donahue, in No. 71-1731, (Plaintiff), Third-Party, 463 F.2d 247 (3rd Cir. 1972). Cases Citing This Book View Copy Cite
16 citation events (3 in the last 25 years) across 8 distinct courts.
Strongest positive: Butler v. Ledbetter (oked, 2025-03-31)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Butler v. Ledbetter
E.D. Okla. · 2025 · confidence medium
See Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir. 1983); Williams v. Bailey, 463 F.2d 247, 248 (5th Cir.1972).
discussed Cited as authority (rule) Wells v. Miller
S.D.N.Y. · 2023 · confidence medium
See Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir. 1983) (“When, as in the present case, an appeal of a state criminal conviction is pending, a would-be habeas corpus petitioner must await the outcome of his appeal before his state remedies are exhausted, even where the issue to be challenged in the writ of habeas corpus has been finally settled in the state courts.”); Williams v. Bailey, 463 F.2d 247, 248 (5th Cir. 1972) (same); see also Miller v. Glanz, 331 F. App’x 608, 610 (10th Cir. 2009) (endorsing this holding in dicta).
cited Cited as authority (rule) Miller v. Glanz
10th Cir. · 2009 · confidence medium
See Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir.1983); Williams v. Bailey, 463 F.2d 247, 248 (5th Cir.1972).
cited Cited "see" Renold Power Transmission Corp. v. Cunningham Bearing Co.
M.D. Penn. · 1985 · signal: see · confidence high
See Boysen v. Treadway Inn of Lake Harmony, 53 F.R.D. 96, 98 (E.D.Pa.1971), affirmed 463 F.2d 247 (3d Cir.1972).
cited Cited "see" Strick Corp. v. A. J. F. Warehouse Distributors, Inc.
E.D. Pa. · 1982 · signal: see · confidence high
See Boysen v. Treadway Inn of Lake Harmony, Inc., 53 F.R.D. 96, 98 (E.D.Pa.1971), aff’d, 463 F.2d 247 (3d Cir. 1972).
Retrieving the full opinion text from the archive…
Linda Boysen, in No. 71-1730, and Joseph Donahue
v.
Treadway Inn of Lake Harmony, Inc., Ind. And T/a Split Rock Lodge v. Joseph Donahue, in No. 71-1731, (Plaintiff), Third-Party
71-1730.
Court of Appeals for the Third Circuit.
Jun 27, 1972.
463 F.2d 247
Published

463 F.2d 247

Linda BOYSEN, Appellant in No. 71-1730, and Joseph Donahue
v.
TREADWAY INN OF LAKE HARMONY, INC., Ind. and t/a Split Rock Lodge
v.
Joseph DONAHUE, Appellant in No. 71-1731, (Plaintiff),
Third-Party Defendant.

Nos. 71-1730, 71-1731.

United States Court of Appeals,

Third Circuit.

Submitted Under Third Circuit Rule 12(6) June 15, 1972.
Decided June 27, 1972.

Ralph D. Friedman, Zarwin, Baum, Arangio & Somerson, Philadelphia, Pa., for appellant.

Harry A. Short, Jr., Liebert, Harvey, Herting, Short & Lavin, Philadelphia, Pa., for appellee.

Before STALEY, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

[*~247]1

This appeal challenges the district court Memorandum and Order, 53 F.R.D. 96, granting defendant's motion to dismiss for lack of subject matter jurisdiction on the ground that the defendant corporation's principal place of business is located in Pennsylvania and hence that diversity of citizenship is lacking. The complaint failed to make any allegation concerning the principal place of business of the defendant corporation, as required by Wymard v. McCloskey & Co., 342 F.2d 495, 497 (3d Cir. 1965). The Memorandum of the district court carefully and correctly summarizes the strong evidence establishing that the principal place of business of the defendant resort hotel is in Carbon County, Pennsylvania. See Kelly v. United States Steel Corporation, 284 F.2d 850 (3d Cir. 1960).

[*~248]2

The judgment of the district court will be affirmed.