District Court, E.D. Illinois May 28, 1942, No. 257 (Schwab v. Cameron)

LINDLEY, District Judge.

Defendants move to dismiss the complaint on the grounds, first, that there is no diversity of citizenship as alleged and, second, that the court is powerless to proceed under Section 57 of the Judicial Code, 28 U.S.C.A. § 118.

Plaintiff averred in his complaint that he is a resident of Texas and that defendants are residents of Indiana.