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HAMOND v. CLAPP

No. 76 Civ. 3346.

452 F.Supp. 885 (1978)

Saul B. HAMOND, Plaintiff, v. Alfred C. CLAPP, Jerome C. Eisenberg, George C. Fischler, Colemar F. Nichols, Robert P. Gorman, Arnold K. Mytelke, Stuart L. Pachman, Roger S. Clapp, William J. O'Shaughnessy, Leonard M. Goldberg, Edward M. Fitzpatrick, Kenneth R. Stein and Stephen H. Roth, Individually and as co-partners doing business under the firm name of Clapp & Eisenberg, Defendants.

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

June 23, 1978.

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein, New York City, for plaintiff by Irving Bizar, New York City, of counsel.

Evans, Orr, Pacelli, Norton & Laffan, P. C., New York City, for defendants.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Defendants (partners in a firm of attorneys located in New Jersey) move to dismiss this diversity action for lack of jurisdiction, asserting that because one of the partners, Jerome C. Eisenberg ("Eisenberg") is a domiciliary of the state of New York, as is plaintiff, diversity of citizenship does not exist.1 Plaintiff cross-moves to drop Eisenberg as a party not indispensable...

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