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PHILLIPS v. SELTZER

133 F.Supp. 721 (1955)

George Leighton PHILLIPS, Plaintiff, v. Oscar SELTZER, Leo A. Seltzer and Fred Morelli, individually and as partners trading as The Roller Derby or Roller Derby Associates, and The Roller Derby, Inc., a corporation, and Roller Derby Associates, a corporation, Defendants.

United States District Court S. D. New York.

June 29, 1955.

Attorney(s) appearing for the Case

John E. Morris, New York City, for plaintiff.

Mendes & Mount, New York City, B. C. Kelly, New York City, of counsel, for defendant.

EDELSTEIN, District Judge.

Findings of Fact

1. Plaintiff is a citizen of New Jersey.

2. The defendant Leo A. Seltzer (the only defendant served with process in this case), together with Oscar Seltzer and Fred Morelli, individually and as persons trading as Roller Derby Associates, are citizens of the State of Illinois.

3. The amount in controversy exceeds the sum of $3,000 exclusive of interest and costs.

4. On November 16, 1950,...

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