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SCHMIKLER v. PETERSIME INCUBATOR CO.

Civil Action No. 6359.

77 F.Supp. 11 (1948)

SCHMIKLER v. PETERSIME INCUBATOR CO.

District Court, D. Massachusetts.

April 8, 1948.

Attorney(s) appearing for the Case

Morris Michelson and Morris D. Slovin, both of Boston, Mass., for plaintiff.

Joseph N. Welch and Hale & Dorr, all of Boston, Mass., for defendant.

HEALEY, District Judge.

This matter came on for hearing on the defendant's motions to dismiss the plaintiff's action. The grounds stated in one of the motions is as follows:

"1. The Court lacks jurisdiction over the subject matter because the amount of damages, exclusive of interest and costs, does not exceed the sum of three thousand dollars ($3,000).

"2. The Court lacks jurisdiction over the person because the defendant is not a citizen of the Commonwealth...

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