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CHEMICAL TRANSPORTATION CORP. v. METROPOLITAN PETRO. CORP.

246 F.Supp. 563 (1964)

CHEMICAL TRANSPORTATION CORPORATION, Plaintiff, v. METROPOLITAN PETROLEUM CORPORATION and George H. Rohrs, Defendants.

United States District Court S. D. New York.

November 13, 1964.

Attorney(s) appearing for the Case

Foley & Grainger, New York City, for plaintiff. William F. Norton, Jr., Walter A. Darby, Jr., New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendants. Robert M. Loeffler, New York City, of counsel.

COOPER, District Judge.

Defendants move to dismiss the complaint for lack of subject matter jurisdiction under F.R.Civ.P. 12(h) and 41 (b) on the ground that there is no diversity of citizenship between the parties.

The amended complaint, served on January 26, 1960, asserts seven claims for relief based upon breach of contract, negligence and fraud.1 The sole jurisdictional basis is the alleged diversity of citizenship of the parties...

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