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Carnera v. Lancaster Chemical Corp.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 8, 1967.

MARY CARNERA, GENERAL ADMINISTRATRIX OF THE ESTATE OF SEVERINO CARNERA, DECEASED; AND MARY CARNERA, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF SEVERINO CARNERA, DECEASED, APPELLANTS,
v.
LANCASTER CHEMICAL CORPORATION

Hastie, Freedman and Van Dusen, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This personal injury and death case is before the court on appeal from a District Court order, dismissing the action for lack of subject matter jurisdiction due to failure of plaintiff to allege in the Complaint or prove*fn1 that the principal place of business of the defendant corporation was not in New Jersey, of which state the appellant-fiduciary is admittedly a citizen. See 28 U.S.C. § 1332(c); Kelly v. United States Steel Corporation, 284 F.2d 850 (3rd Cir. 1960). Also, appellant has not sustained her burden of proving that the corporate veil of the appellee parent corporation should be pierced to permit her to show that its business and that of its subsidiaries was a unitary enterprise with a principal place of business in Delaware.*fn2 See Coryell v. Phipps, 128 F.2d 702, 704 (5th Cir. 1942), aff'd. on other grounds, 317 U.S. 406, 63 S. Ct. 291, 87 L. Ed. 363 (1943); Zubik v. Zubik and Drambel, 384 F.2d 267, at pp. 270 & 273 (3rd Cir., opinion of 9/29/67).

Appellant's contention that 28 U.S.C. § 1332(c) applies only as a limitation on the power of a corporation to remove an action from a state court to the federal court is rejected. See Canton v. Angelina Casualty Company, 279 F.2d 553, 554 (5th Cir. 1960); 1 Moore, Federal Practice, § 0.77 [1.2], p. 717.6, n. 10 (2nd Ed. 1964).

The order of the District Court will be affirmed.


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