Ratto

This is a civil suit by which plaintiff, a longshoreman, seeks to recover damages for personal injuries allegedly sustained while working at his calling aboard one of defendant’s vessels. Defendant is and was at the time of filing of this action a California corporation. Plaintiff is a resident and citizen of California. It is admitted by both parties that there is no diversity of citizenship within the meaning of Section 1332 of Title 28 of United States Code.

It is alleged in the amended complaint that:

Defendant has by appropriate motion attacked the civil jurisdiction of this Court to entertain this suit without diversity of citizenship.

The question involved has been briefed by defendant and argued by both parties; in open court. In support of its contention that the Court has no civil jurisdiction to entertain this cause defendant, has cited in its Memorandum and has. appended as an Exhibit a certified copy of the decision of Judge Edward P.. Murphy of this Court in Zapien v. Koninklijke Rotterdamasche Lloyd, 130 F. Supp. 453 , in which a similar motion to. dismiss was granted. Also discussed was the decision of this Court to the-, same effect in Cook v. Matson…