Legal Opinion
City of New York v. Smith
District Court, S.D. New York
Decided January 15, 1968No. 67 Civ. 1954PublishedCited by 2 opinions
1Opinion of the Court
MANSFIELD, District Judge:
Plaintiff moves to remand this declaratory judgment action to the New York State Supreme Court, where it was originally brought, on the ground that the amount in controversy does not exceed $10,000, 28 U.S.C. § 1332(a) (1),1 and therefore the action is not removable to the federal courts. 28 U.S.C. § 1441(a).2 The action arises as the result of a dispute as to the meaning and effect of a contract between the City of New York and the defendants, the Trustees (Connecticut and Massachusetts citizens) of the New York, New Haven and Hartford Railroad (“Railroad” herein).
In…
2Cases cited9 opinions
- Ronzio v. Denver & R. G. W. R.Court of Appeals for the Tenth Circuit · 1940
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Davis v. American Foundry Equipment Co.Court of Appeals for the Seventh Circuit · 1938
- Johnson Service Co. v. E. H. Monin, Inc.New York Court of Appeals · 1930
- Dri Mark Products, Inc. v. Meyercord Co.District Court, S.D. New York · 1961
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3Cited by2 opinions
- Berger v. HecklerCourt of Appeals for the Second Circuit · 1985
- Berger v. HecklerCourt of Appeals for the Second Circuit · 1985