Knee v. Chemical Leaman Tank Lines, Inc.

293 F.Supp. 1094 (1968)

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Nature of the Case

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Facts

P, a Pennsylvania citizen, and resident has filed suit for personal injuries from the alleged negligence of D, which is a Delaware corporation. D did not dispute P’s filing under diversity. D waited until the statute of limitations ran on P’s complaint D so forthrightly came forward and announced that its headquarters was in Pennsylvania which was its principal place of business. D, being the good citizen is was, then filed a motion to dismiss because diversity of citizenship did not exist. P simply pled it would not be fair to dismiss the case for lack of jurisdiction as the statute of limitations has already run. If dismissed, P would not be able to sue in state court.