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VINCENT v. P. R. MATTHEWS CO.

Civ. No. 3976.

126 F.Supp. 102 (1954)

Thomas C. VINCENT, etc., Plaintiff, v. P. R. MATTHEWS CO., Inc., People of the State of New York, et al., Defendants. HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant and Third Party Plaintiff, v. P. R. MATTHEWS CO., Inc., Peter R. Matthews, Alice Matthews, Albert Weiss, Third Party Defendants.

United States District Court N. D. New York.

Submitted April 2, 1954.

Decided April 13, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Atty. Gen., John F. Hmiel, Asst. Atty. Gen., for State of New York.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., T. Joseph Coffey, Asst. U. S. Atty., Auburn, N. Y., for United States.

Andrew Eckel, New York City, for Hartford Acc. & Ind. Co.

Barry & Katzman, New York City, for defendant Julius Klein.

BRENNAN, District Judge.

There is in the background of these motions the question of affording the litigants complete relief in a single litigation where the presence of the United States and the State of New York, as parties, is required. The United States denies jurisdiction over it in the Supreme Court of the State of New York, and the State of New York denies jurisdiction in the United States District Court.

The action is for the enforcement of a lien...

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