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TRAGER v. NEW ROCHELLE HOSPITAL MEDICAL CENTER

No. 77 Civ. 1699 (MP).

453 F.Supp. 516 (1978)

Arthur I. TRAGER, as Administrator c. t. a. of the Estate of Gloria Laura Schimberg, Deceased, Plaintiff, v. NEW ROCHELLE HOSPITAL MEDICAL CENTER, Dr. John J. Zellinger and Dr. Serge A. Giraldi, Defendants.

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

June 23, 1978.

Attorney(s) appearing for the Case

Trubin, Sillcocks, Edelman & Knapp, New York City, for plaintiff by Howard M. Goldstein, Deborah A. Schwartz, New York City.

Martin, Clearwater & Bell, New York City, for moving defendants by Francis P. Bensel, New York City.

DECISION

POLLACK, District Judge.

Defendants, New Rochelle Hospital Medical Center and Dr. John J. Zellinger, citizens of New York, move to dismiss this attempted diversity action, pursuant to Fed.R.Civ.P. 12(b)(1), for lack of a genuine basis for invoking federal diversity jurisdiction in the premises.

The plaintiff, Arthur Trager is one of the brothers of the decedent, Gloria Schimberg. He resides in Florida and operates a business there as a fishing...

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