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CHANEY v. WILSON-BENNER

August 19, 1958

Charles R. CHANEY, Plaintiff,
v.
WILSON-BENNER, Inc., Defendant and Third-Party Plaintiff and Max Kofman, Edward Kofman, Benjamin F. Kofman, Joseph Kofman, and Freda K. Gaines, Co-Partners, trading and doing business as Kofman's, Defendant. WILSON-BENNER, INC., Third-Party Plaintiff v. PITTSBURGH-DES MOINES STEEL CO., Third-Party Defendant



The opinion of the court was delivered by: FOLLMER

This matter is before the Court on defendants' motion to dismiss the claim because the requisite diversity of citizenship and jurisdiction on the subject matter does not exist in that both plaintiff and defendants were at the time of the institution of the action citizens of Pennsylvania.

Several depositions were taken, including that of the plaintiff. The parties were then requested to furnish suggested Findings of Fact. The Findings submitted by defendants coincide precisely with the views I hold after a careful review of all the pleadings, including the depositions, and I therefore adopt the same, Nos. 1 to 23, inclusive, as my Findings of Fact as follows:

 Findings of Fact

 1. Plaintiff was born and lived in Milford, Delaware, until August 23, 1949, when he went into the army.

 3. Upon the plaintiff's release from the army on December 6, 1952, he returned to his home in Milford, Delaware.

 4. Sometime between December 6, 1952, the date the plaintiff was released from the army, and April 1953, the plaintiff was employed by Pittsburgh-Des Moines Steel Company and has worked for them ever since that time.

 5. Up until the time the plaintiff was injured he worked as a rigger and welder in the construction of water tanks and in that position traveled all over the states of Indiana, Ohio, Michigan, Pennsylvania, New Jersey and Virginia, wherever his employer might have a construction contract. The plaintiff stayed at one place from four weeks to three months, until the job was completed and then moved to the next.

 6. The plaintiff met his future wife in December 1953, in Avon Lake, Ohio, while on a job there.

 7. The plaintiff was married July 1954, in Indiana, and bought a trailer for his wife and himself to live in as he moved from place to place in his job.

 8. At first the plaintiff and his wife lived in the home of his wife's grandmother in Ohio, but in January 1955, the plaintiff and his wife moved into the trailer and have lived in one to the present date, moving it to wherever the plaintiff might be working.

 9. On January 16, 1956, the plaintiff received the injury at State College for which the within suit is brought.

 10. From the date the plaintiff was injured until May 1, 1956, the plaintiff and his wife remained in State College, Pennsylvania, to recuperate.

 11. On May 1, 1956, the plaintiff moved his trailer to Coraopolis, Pennsylvania, and began to work in his employer's nearby plant on Neville Island, Allegheny County, Pennsylvania. From that date to the present the plaintiff has not moved as ...


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