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OSTER v. RUBINSTEIN

136 F.Supp. 733 (1955)

Harold M. OSTER and Donald U. Emmert, Plaintiffs, v. Stella RUBINSTEIN and Edward J. Ennis, as Executors of the Last Will and Testament of Serge Rubinstein, Deceased, Defendants.

United States District Court S. D. New York.

November 29, 1955.

Attorney(s) appearing for the Case

Parnell J. T. Callahan, New York City, for plaintiffs.

Edwin B. Wolchok, New York City, for defendants.

EDELSTEIN, District Judge.

This is a motion to dismiss under Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground of the absence of diversity of citizenship. The action was commenced against Serge Rubinstein and, after his death, his executors were substituted in his place, under Rule 25(a) (1). It is not questioned that there is a complete diversity of citizenship between the present plaintiffs and the present defendants which would...

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