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WIESENBERGER SERVICES, INC. v. RESPONSE ANALYSIS CORPORATION

No. 72 Civ. 5155.

365 F.Supp. 258 (1973)

WIESENBERGER SERVICES, INC., Plaintiff, v. RESPONSE ANALYSIS CORPORATION, Defendant.

United States District Court, S. D. New York, Civil Division.

October 16, 1973.

Attorney(s) appearing for the Case

Abelson, Bromberg & Katz, New York City by David Bromberg, New York City, of counsel, for plaintiff.

Patterson, Belknap & Webb, New York City by Robert D. Sack, Karl E. Seib, Jr., New York City, of counsel, for defendant.

WHITMAN KNAPP, District Judge.

The sole question presented on plaintiff's motion to remand this diversity case to the Supreme Court, New York County is whether federal jurisdiction is precluded by the following language in the contract between the parties:

This agreement may not be amended, modified, or discharged except in writing. This agreement shall be governed by, and construed in accordance with the laws of the State of New York, other than conflicts...

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