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SCOT TYPEWRITER CO. v. UNDERWOOD CORP.

170 F.Supp. 862 (1959)

SCOT TYPEWRITER CO., Inc., Plaintiff, v. UNDERWOOD CORP., Defendant.

United States District Court S. D. New York.

March 4, 1959.

Attorney(s) appearing for the Case

Bass & Friend, New York City, Solomon H. Friend, New York City, of counsel, for plaintiff.

Simpson, Thacher & Bartlett, New York City, Whitney North Seymour, Jr., New York City, of counsel, for defendant.

WEINFELD, District Judge.

This action, originally commenced in the Supreme Court of the State of New York, was removed to this Court on the defendant's petition alleging diversity of citizenship between it and the plaintiff, a New York corporation.

The plaintiff now moves to remand the action to the State Court on the ground that there is no diversity and that accordingly the requisite federal jurisdiction is lacking.

The motion is based upon the recent...

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