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WALKES v. WALKES

No. 77 Civ. 4759 (GLG).

465 F.Supp. 638 (1979)

Alexander S. WALKES, Individually and as Administrator of the Goods, Chattels and Credits which were of Hannah Walkes, Deceased, Plaintiff, v. Milton H. WALKES and Sally Walkes, Defendants.

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

As Amended April 4, 1979.

Attorney(s) appearing for the Case

Smiley, Schwartz & Captain, New York City, for plaintiff by Guy I. Smiley, New York City, of counsel.

Rein, Mound & Cotton, New York City, for defendants by Robert L. Horkitz, New York City, of counsel.

OPINION

GOETTEL, District Judge.

In this wrongful death action, brought in federal court by virtue of diversity of citizenship, the defendants have moved to dismiss, asserting that the plaintiff cannot, as a matter of law, satisfy the $10,000 amount in controversy requirement. The defendants in this action are both domiciliaries of New York, while the plaintiff, as was his decedent, is a domiciliary of Florida. The motion presents the question of which state...

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