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MERRITT v. GREENBERG

No. 5911.

4 F.Supp. 655 (1933)

MERRITT v. GREENBERG.

District Court, E. D. New York.

September 6, 1933.

Attorney(s) appearing for the Case

Jacob Bromberg and Richard M. Cantor, both of New York City, for plaintiff.

Caverly, Barton & O'Gorman, and Sydney Weitzer, all of New York City, appearing specially for Sam Greenberg, for the purpose of this motion only.

CAMPBELL, District Judge.

This is an action brought by an infant, by his guardian ad litem. Jurisdiction depends solely on diversity of citizenship. The residence and citizenship of the infant is the state of New York. The guardian ad litem is an alien. The residence and citizenship of the defendant is the state of New York. This is a motion to dismiss for lack of jurisdiction, on the ground that the parties in interest are residents and citizens of the same state...

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