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SABA v. EMIL KATZ & CO.

55 F.Supp. 1000 (1944)

SABA et al. v. EMIL KATZ & CO., Inc., et al. (QUITTNER et al., Third-Party Defendants).

District Court, S. D. New York.

May 4, 1944.

Attorney(s) appearing for the Case

Walsh & Levine, of New York City, for defendants and third-party plaintiffs.

Samuel E. Miller, of New York City, for Rudolph Quittner and Marianna Quittner and Victory Fabrics Corporation, third-party defendants.

GODDARD, District Judge.

This is a motion by the third-party defendants, Rudolph Quittner and Marianna Quittner, doing business under the name of Victory Fabrics Company, as successor to Victory Fabrics Corporation, to dismiss the third-party complaint as to them on the ground that as there is no diversity of citizenship between the third-party plaintiff and these third-party defendants, this court lacks jurisdiction.

The third-party defendants have been brought...

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