LIBERTY MUT. INS. CO. v. TEL-MOR GARAGE CORPORATION


92 F.Supp. 445 (1950)

LIBERTY MUT. INS. CO. v. TEL-MOR GARAGE CORPORATION et al.

United States District Court S. D. New York.

July 11, 1950.


Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, Murray W. McEniry and Albert Rosenblum, New York City, for plaintiff.

Sidney N. Zipser, New York City, for Defendant Tel-Mor Garage Corporation.

Goldstein & Goldstein, New York City, David Goldstein and Gilbert Goldstein, New York City, for defendant Morris Aughtman.


McGOHEY, District Judge.

The defendants before answer move separately, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., to dismiss the complaint upon the grounds (a) that this court lacks jurisdiction under Sections 1331 and 1332 of Title 28 U.S. Code, 28 U.S.C.A. §§ 1331, 1332, and (b) that the plaintiff has been made such collusively in order to invoke jurisdiction, in violation of Section 1359 of Title 28 U. S. Code, 28 U...

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