Legal Opinion
Akwell Corp. v. Eiger
District Court, S.D. New York
Decided May 4, 1956PublishedCited by 13 opinions
1Opinion of the Court
LEVET, District Judge.
Defendant has moved to dismiss the complaint in this action to recover damages for an alleged fraud on the ground that the Court lacks, jurisdiction because (a) the plaintiff is not the real party in interest; and (b) the controversy is not between citizens of different states, in that the defendant is a citizen of the State of New York and that Killashun Export Corporation, the alleged real party in interest, is also a citizen of the State of New York.
It appears from the., affidavits and annexed exhibits submitted on this motion that the defendant had been a customer of…
2Cases cited12 opinions
- Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1914
- Hackenheimer v. . KurtzmannNew York Court of Appeals · 1923
- International Pulp Equipment Co. v. St. Regis Kraft Co.District Court, D. Delaware · 1944
- Moore v. Vulcanite Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Navarre Hotel & Importation Co. v. American Appraisal Co.Appellate Division of the Supreme Court of the State of New York · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Western Auto Supply Company and Beneficial Finance Co. v. Gamble-Skogmo, Inc.Court of Appeals for the Eighth Circuit · 1965
- Hoefferle Truck Sales, Inc. v. Divco-Wayne Corp.Court of Appeals for the Seventh Circuit · 1975
- Asher v. Pacific Power and Light CompanyDistrict Court, N.D. California · 1965
- Rispo v. Spring Lake Mews, Inc.District Court, E.D. Pennsylvania · 1980
- Exxon Corp. v. DUVAL COUNTY RANCH COMPANYDistrict Court, S.D. Texas · 1975
8 more not listed; retrieve them via the Exa API.