President & Directors of Manhattan Co. v. Monogram Associates, Inc.

BYERS, District Judge.

These are companion motions in two cases, which are so similar as to be indistinguishable for present purposes, to restrain further proceedings iri the Supreme Court of the State of New York, in actions there pending between the same respective parties, or in the alternative to remand each cause. One opinion will suffice, since the questions raised are identical.

Removal was duly had by the third party defendant, who was vouched into the State court suit by appropriate pleading, to meet certain issues of breach of warranty.

That removal brought the entire controversy in…