Tanzymore v. Bethlehem Steel Corp.

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Tanzymore v. Bethlehem Steel Corp.
Court U.S. Court of Appeals, 3rd Circuit
Citation 457 F.2d 1320 (3d Cir. 1972)
Date decided March 29, 1972
Appealed from U.S.D.C., Eastern District of Pennsylvania


Tanzymore filed a complaint in the federal court seeking damages for personal injuries against a Pennsylvania company. Depositions were taken, and while the complaint alleged Tanzymore was an Ohio domiciliary, nothing in the deposition was consistent with this assertion.


Whether a hearing is required to determine domiciliary residence, or whether the burden of supporting the allegations is on the plaintiff.


Complaint dismissed.


A hearing is not required so long as the court has afforded the plaintiff notice and a fair opportunity to be heard.When the jurisdictional allegations are traversed, the plaintiff has the burden of supporting those allegations.

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