Indemnity Ins. Co. of North America v. Pan American Airways, Inc.

RIFKIND, District Judge.

Defendant Pan American’s motion challenges the court’s jurisdiction. The substantial ground of the motion is that a proper realignment of the parties reveals the absence of diversity of citizenship.

Upon the first argument of this motion, plaintiff, apprehending the risks involved in a jurisdictional doubt, agreed with the ■moving defendant to have the complaint amended in several respects, which will be hereinafter noted, and to drop the party whose citizenship was the same as that of the defendant Pan American. Upon that understanding defendant consented to a denial…