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FORBO-GIUBIASCO, S. A. v. CONGOLEUM CORP.

No. 78 Civ. 5390.

463 F.Supp. 1243 (1979)

FORBO-GIUBIASCO, S. A., Plaintiff, v. CONGOLEUM CORPORATION, Defendant.

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

January 23, 1979.

Attorney(s) appearing for the Case

Toren, McGeady & Stanger, P. C., New York City, for plaintiff; David Toren, Jules E. Goldberg, Michael J. Kunstler, Samuel B. Mayer, New York City, of counsel.

D'Amato & Lynch, New York City, for defendant; Robert E. Meshel, Margaret M. O'Neill, New York City, Phillip B. Chavot, Richard T. Laughlin, of counsel.

LASKER, District Judge.

Defendant Congoleum Corporation (Congoleum) moves to dismiss on the grounds 1) that the court lacks jurisdiction because the complaint of plaintiff Forbo-Giubiasco, S.A. (Giubiasco) does not present a justiciable "case or controversy"; 2) that the court lacks jurisdiction because the amount in controversy does not exceed $10,000. as required by 28 U.S.C. § 1332; and 3) that venue in the Southern District of New York is improper. In the...

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