HARPER v. SONNABEND


182 F.Supp. 594 (1960)

Elmer B. HARPER and Joseph H. Kraus, Plaintiffs, v. A. M. SONNABEND, Defendant and Third-Party Plaintiff, v. B. H. HADLEY, INC., Third-Party Defendant.

United States District Court S. D. New York.

April 25, 1960.


Attorney(s) appearing for the Case

Shearman & Sterling & Wright, New York City, for plaintiffs (Robert L. Clare, Jr., Morton M. Maneker, New York City, of counsel).

Hays, Sklar & Herzberg, New York City, for third-party defendant (Ben Herzberg, Alvin H. Schulman, New York City, of counsel).


THOMAS F. MURPHY, District Judge.

The third-party defendant removed this case from the New York Supreme Court and plaintiffs bring this motion to remand.

Plaintiffs, one of whom is a citizen of Massachusetts, sued defendant Sonnabend, also a citizen of Massachusetts, in the State Court for broker's commissions. Defendant Sonnabend impleaded the third-party defendant, claiming that by reason of an agreement it would be liable over to him if plaintiffs succeed...

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