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EASTERN METALS CORPORATION v. MARTIN

191 F.Supp. 245 (1960)

EASTERN METALS CORPORATION, Plaintiff, v. Bernard MARTIN and Alvin E. Shulman, individually and as co-partners doing business under the firm name and style of Martin Enterprises, Defendants.

United States District Court S. D. New York.

November 14, 1960.

Attorney(s) appearing for the Case

George Berkowitz, New York City, for plaintiff, Eastern Metals Corp.

Nathaniel Rothstein, New York City, for defendants.

Alfred S. Julien, New York City, for plaintiff, United Steel Sales, Inc., in Civ. 124-189, and amicus curiae on the motion in this case (David Easton, New York City, of counsel).

LEIBELL, District Judge.

Two questions are presented to the Court on this motion:

(1) Whether this Court has jurisdiction under the Diversity statute, T. 28 U.S.C. § 1332, to decide an action removed here from the New York State Supreme Court, where the defendants are a partnership and its two partners, and one of the partners is a citizen of the State of New Jersey of which the plaintiff corporation is also a citizen; and

(2) Whether the New...

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