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IN RE THOMAS AND AGNES CARVEL FOUNDATION

Nos. 98 Civ. 6284 (CLB), 98 Civ. 6283 (CLB).

36 F.Supp.2d 144 (1999)

In the Matter of the Application of The THOMAS AND AGNES CARVEL FOUNDATION, as Remainderman Under the Last Will & Testament of Thomas Carvel, Deceased, for a Restraint on the Transfer of Certain Funds. In the Matter of the Application of The Thomas and Agnes Carvel Foundation, as Remainderman Under the Last Will & Testament of Thomas Carvel, Deceased, for a Restraint on the Conveyance or Encumbrance of Certain Real Property by Realities Trust, a New York resident intervivos trust.

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

January 22, 1999.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York City, for plaintiff.

Spitzer & Feldman, P.C., New York City, for defendant Pamela Carvel.

Office of the Attorney General of the State of New York, New York City, for defendant Attorney General of The State of New York.

MEMORANDUM & ORDER

BRIEANT, District Judge.

By motion filed on November 9, 1998 and heard on December 30, 1998, the petitioner, The Thomas and Agnes Carvel Foundation (the "Foundation"), moves for remand of these two removed cases to the Westchester County Surrogate's Court where they were originally filed. The Foundation argues (1) that the Court lacks diversity jurisdiction over the 98 Civ. 6283...

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