Oster v. Rubinstein

EDELSTEIN, District Judge.

This is a motion to dismiss under Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground of the absence of diversity of citizenship. The action was commenced against Serge Rubinstein and, after his death, his executors were substituted in his place, under Rule 25(a) (1). It is not questioned that there is a complete diversity of citizenship between the present plaintiffs and the present defendants which would support an original suit. However, it is argued that the complaint is jurisdictionally defective in its averment of alienage; that…