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LA SALLE v. FIRESTONE TIRE & RUBBER COMPANY

Civ. No. 14854.

146 F.Supp. 376 (1956)

Vincetta LA SALLE, Administratrix of the goods and chattels and credits which were of Anthony La Salle, Deceased and Vincetta La Salle, Plaintiffs, v. The FIRESTONE TIRE & RUBBER COMPANY, and Bowes Seal Fast Corp., Defendants.

United States District Court E. D. New York.

November 23, 1956.

Attorney(s) appearing for the Case

Seymour Barash, Brooklyn, N. Y., for plaintiffs.

Baer, Marks, Friedman, Berliner & Klein, New York City, for defendant Firestone Tire & Rubber Co. by Leonard L. Berliner, New York City, of counsel.

BYERS, District Judge.

This is a plaintiff's motion to amend the summons and complaint by adding as a defendant Dominick Mustello, doing business as Dick's Service Station, as a party defendant.

The motion is opposed on the ground that the proposed defendant is a resident of this State and District, and that the effect of granting the motion would be to oust the court of jurisdiction which is based on diversity of citizenship between the plaintiff and the...

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