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KORBER v. LEHMAN

221 F.Supp. 358 (1963)

Michael KORBER, Plaintiff, v. Robert LEHMAN et al., Defendants.

United States District Court S. D. New York.

May 20, 1963.

Attorney(s) appearing for the Case

Abraham D. Levy, New York City, for plaintiff.

Simpson, Thacher & Bartlett, New York City, for all defendants except Paul F. Clarke, Marcel A. Palmaro, James B. Black, Jr. and Stanley Abel; Stephen P. Duggan, Jr., Rolon W. Reed, New York City, of counsel.

WYATT, District Judge.

The motion is by plaintiff to remand the action to the New York Supreme Court, New York County, 28 U.S.C.A. § 1447(c).

The action was removed from the state court by defendant Lehman and other defendants.

The motion to remand is granted.

The complaint alleges two causes of action. Removal as to the first cause of action was based on diversity of citizenship (28 U.S.C.A. § 1332(a) (1)) and as to the second was...

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