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CLOTHIER v. UNITED AIR LINES, INC.

No. 61 C 189.

196 F.Supp. 435 (1961)

Agnes E. CLOTHIER, as Administratrix of the Goods, Chattels and Credits of Charles M. Clothier, deceased, Plaintiff, v. UNITED AIR LINES, INC., Trans World Airlines, Inc., and United States of America, Defendants.

United States District Court E. D. New York.

July 24, 1961.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiff, Milton G. Sincoff, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant United Air Lines, Inc.

Bigham, Englar, Jones & Houston, New York City, for defendant Trans World Airlines, Inc., Peter J. Magee, P. G. Pennoyer, Jr., New York City, of counsel.

Joseph P. Hoey, U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y., for defendant U. S., Lawrence J. Galardi, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BRUCHHAUSEN, Chief Judge.

The defendant, Trans World Airlines, Inc., hereinafter called TWA, moves, pursuant to Rule 12(h) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order dismissing this action on the ground that this Court lacks jurisdiction of the subject matter.

The defendant TWA alleges that there is no diversity and, therefore, no Federal jurisdiction. The motion flows from the recent amendment to 28 U.S.C. § 1332 which provides...

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