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RICHARDSON v. NORTH AMERICAN CLAY CO.

41 F.Supp. 528 (1941)

RICHARDSON v. NORTH AMERICAN CLAY CO.

District Court, S. D. New York.

September 8, 1941.

Attorney(s) appearing for the Case

Kemp, Robinson & Leighton, of New York City, for plaintiff.

William J. McArthur, of New York City, (John P. Wourms, of New York City, of counsel), for defendant.

MANDELBAUM, District Judge.

The fourth defense to the complaint alleges that this action is improperly instituted in this district, since neither plaintiff nor defendant is a resident of the State of New York. See Judicial Code, § 51, Title 28, U.S.C.A. § 112.

The plaintiff administratrix moves to strike out this fourth defense. The complaint alleges that she is a citizen and resident of South Carolina, and that the defendant is a corporation organized...

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