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MAYOR & CITY COUN. OF BALTIMORE v. NATIONAL DAIRY PR. CORP.

Civ. No. 12259.

193 F.Supp. 556 (1961)

MAYOR AND CITY COUNCIL OF BALTIMORE, a municipal corporation v. NATIONAL DAIRY PRODUCTS CORPORATION, a body corporate.

United States District Court D. Maryland.

May 5, 1961.

Attorney(s) appearing for the Case

Harrison L. Winter, City Sol., William A. Hegarty, Chief Asst. City Sol., and James B. Murphy, Asst. City Sol., Baltimore, Md., for plaintiff.

J. Cookman Boyd, Jr., Baltimore, Md., for defendant.

THOMSEN, Chief Judge.

Plaintiff, a municipal corporation of the State of Maryland, instituted this condemnation proceeding in the Superior Court of Baltimore City. Defendant, a Delaware corporation having its principal place of business in New York, timely removed the action to this court, claiming diversity jurisdiction under 28 U.S.C.A. § 1332. The case is presently before the court on plaintiff's motion to remand.

Plaintiff concedes that it is a citizen...

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