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Tanzymore v. Bethlehem Steel Corp.

United States Court of Appeals for the Third Circuit

457 F.2d 1320 (3d Cir. 1972)

Relevant factsFree

Tanzymore (plaintiff) alleged Ohio domicile to establish diversity jurisdiction in his personal injury suit against Bethlehem Steel (defendant), but neither his deposition testimony nor court filings provided evidence of a permanent Ohio residence, with the bulk of evidence instead suggesting Pennsylvania domicile.

IssueFree

Whether a plaintiff must be provided with the opportunity to testify in an evidentiary hearing before the court may dismiss his complaint for lack of diversity jurisdiction.

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