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AKWELL v. EIGER

141 F.Supp. 19 (1956)

The AKWELL CORPORATION, Plaintiff, v. Julian L. EIGER, doing business under the firm name and style of Overseas Pharmaceutical Co., Defendant.

United States District Court S. D. New York.

Motion for Reargument Denied May 25, 1956.

Attorney(s) appearing for the Case

Jacob Rosenberg, New York City, for plaintiff.

Bernard W. Goldenberg, New York City, for defendant.

LEVET, District Judge.

Defendant has moved to dismiss the complaint in this action to recover damages for an alleged fraud on the ground that the Court lacks jurisdiction because (a) the plaintiff is not the real party in interest; and (b) the controversy is not between citizens of different states, in that the defendant is a citizen of the State of New York and that Killashun Export Corporation, the alleged real party in interest, is also a citizen of the State of...

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