Gentle v. Lamb-Weston, Inc.

302 F.Supp. 161 (1969)

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Nature of the Case

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Facts

Ps, all Maine citizens and potato farmers, commenced an action for breach of contract against Snow Flake Canning Co., a Maine corporation engaged in the canning and processing of various foods. Unbeknownst to Ps, Snow Flake had merged with Lamb-Weston, Inc. (D), an Oregon corporation, the latter surviving. Upon discovery, P brought the present action in the same court on December 23, 1968, naming D as defendant. The second action seeks the same relief and differs only in that there are three additional plaintiffs, one of whom is George O. Tamblyn, an Oregon citizen. Tamblyn, who was a law school classmate of an attorney in the law firm representing Ps, took an assignment of 1/100 of each Ps' claims. Tamblyn had no previous interest in the litigation and agreed to take the assignments to defeat an anticipated removal by D under 28 U.S.C. § 1441(a) (1964) by destroying the complete diversity of citizenship required for federal jurisdiction under 28 U.S.C. § 1332(a)(1) (1964). D removed the action and Ps filed the pending motion for remand, on the ground that this Court lacks subject matter jurisdiction 'in that George O. Tamblyn, plaintiff, and D, defendant, are both citizens of the State of Oregon.