Glaeser

The defendant, a resident of the District of Columbia, moved to dismiss the complaint of plaintiff, a resident of California. Jurisdiction is asserted on the basis of diversity of citizenship pursuant to 28 U.S.C.A. § 41 (1). Section 41(1) was amended April 20, 1940, whereby jurisdiction of the district courts was extended to actions between citizens of the District of Columbia, Territory of Hawaii or Alaska and any state or territory. The motion to dismiss rests on the ground that the foregoing amendment is unconstitutional in that it contravenes Article III, Section 2 of the Constitution.

In support of the motion, defendant relies on McGarry v. City of Bethlehem, D. C. E. D. Pa., 45 F.Supp. 385 . The reasoning in that case is not persuasive. To the contrary, both sound reason and the views expressed by the District Court in Winkler v. Daniels, D.C. E.D. Va., 43 F.Supp. 265 , are convincing that jurisdiction obtains and that the amendment to 28 U.S.C.A. § 41 (1) has no constitutional inhibitions.

It is true that a citizen of the District of Columbia is not a citizen of a state within the meaning of Article III, Section 2, of the Constitution. However, no good cause exists why…