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This section contains the nature of the case and procedural background.

Appellant Tanzymore (P) filed a complaint seeking damages from Bethlehem Steel Corporation (D) for personal injuries. D filed an answer, and took Mr. Tanzymore's deposition and then moved to dismiss the action on the ground that the district court lacked jurisdiction because the controversy is not wholly between citizens of different states. On the basis of P's deposition, the court ruled there was no diversity of citizenship between the parties and dismissed the complaint. This appeal resulted.

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