Wood

The Metropolitan Finance Corporation of California, a foreign corporation doing business in California, sued in United States district court under diversity of citizenship privilege to recover from defendants, citizens of California, possession of an automobile valued at more than $3000.

This appeal is from a judgment of dismissal entered upon an order sustaining a motion to dismiss which was grounded upon the thesis that the district court was without jurisdiction to hear and de *210 termine a controversy involving posses-sory rights in a res, which controversy was at the time in issue in a California state court case. The state court case was one' for divorce filed by Everett S. Shipp against Elaine Shipp, one of the defendants herein, and alleged that there was no community property. Elaine Shipp cross-complained therein for separate maintenance and claimed that the automobile referred to above was community property of the parties in suit, but later amended her pleadings to claim that the automobile was her separate property. Disposition of community property is within the jurisdiction of the California state court in divorce actions. The state court enjoined Everett S. Shipp…