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MINICHIELLO REALTY ASSOCIATES, INC. v. BRITT

Civ. No. 78-1128.

460 F.Supp. 896 (1978)

MINICHIELLO REALTY ASSOCIATES, INC., Plaintiff, v. Virginia BRITT et al., Defendants.

United States District Court, D. New Jersey.

September 27, 1978.

Attorney(s) appearing for the Case

Israel E. Mischel, Jersey City, N. J., for plaintiff.

Scarpone & Edelson by Michael Edelson, Newark, N. J., for defendants.

OPINION

BIUNNO, District Judge.

It is a rule of ancient origin that an action which is local in nature, rather than transitory, can only be asserted in a court whose territorial jurisdiction includes the location of the subject of the action. When a local action is sued on in a federal district court, with jurisdiction grounded only on the diversity of citizenship of the parties, 28 U.S.C. § 1332, then the law of the State lying within the district...

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