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JOHN & SAL'S AUTO. SERVICE, INC. v. SINCLAIR REFINING CO.

177 F.Supp. 201 (1959)

JOHN AND SAL'S AUTOMOTIVE SERVICE, INCORPORATED, a New York corporation, Plaintiff, v. SINCLAIR REFINING COMPANY, a corporation domiciled in the State of Maine, Defendant.

United States District Court S. D. New York.

October 2, 1959.

Attorney(s) appearing for the Case

Robert L. Collins and Harry J. Coman, New York City, for plaintiff.

Everett L. Dodrill, New York City, for defendant (Vincent A. Gorman, New York City, of counsel).

RYAN, Chief Judge.

This suit is again before us on a motion to dismiss the complaint for (1) failure to state a claim upon which relief can be granted and (2) failure to join an indispensable party.

The jurisdiction is predicated on diversity of citizenship and the requisite amount is alleged.

From the pleadings it appears that, on March 24, 1955, plaintiff, John and Sal's Automotive Service Incorporated, a New York corporation, entered into an agreement...

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