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INLAND RUBBER CORPORATION v. TRIPLE A TIRE SERVICE, INC.

220 F.Supp. 490 (1963)

INLAND RUBBER CORPORATION, Plaintiff, v. TRIPLE A TIRE SERVICE, INC., Triple A Tire Service of N. Y., Inc., Philmore Finkelstein, Irving Nissenberg and Charles Katz, Defendants.

United States District Court S. D. New York.

August 13, 1963.

Attorney(s) appearing for the Case

Winer, Neuberger & Sive, New York City, for plaintiff, David Sive, New York City, of counsel.

Hays, Sklar & Herzberg, New York City, for defendants, Howard A. Heffron, and Frederick F. Greenman, Jr., New York City, of counsel.

TYLER, District Judge.

Defendants move to dismiss this action, which sounds in tort and in contract, for lack of jurisdiction of this court of the subject matter. Plaintiff claims that jurisdiction is based on diverse citizenship of the parties (28 U.S.C. § 1332(a) (1)); specifically, it alleges that plaintiff is a citizen of Ohio and that defendants are citizens of New York. Defendants maintain that the corporate plaintiff is in fact a citizen of New York, and...

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