Legal Opinion

Schmoll Fils, Inc. v. The Fernglen

District Court, S.D. New York

Decided March 29, 1949PublishedCited by 4 opinions

1Opinion of the Court

CONGER, District Judge.

Action at law.

Motions made by defendants, New York - Dock Company, Inc. and .Atlantic Piers *579Company, Inc. to dismiss the complaint herein as amended as against these defendants because of lack of jurisdiction over the subject matter.

These defendants are only concerned with the second cause of action set forth in the amended complaint.

To sustain jurisdiction herein there must be diversity and the required amount involved.

The amended complaint alleges that:

“(a) Plaintiff Schmoll Fils, Inc. is a New York corporation with its place of business at 110 Fulton Street, New…

2Cases cited5 opinions

  1. Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
  2. City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941
  3. Kendrick v. KendrickCourt of Appeals for the Fifth Circuit · 1926
  4. Cohn v. Cities Service Co.Court of Appeals for the Second Circuit · 1930
  5. Levenson v. LittleDistrict Court, S.D. New York · 1948

3Cited by4 opinions

  1. Becton v. Greene County Board of EducationDistrict Court, E.D. North Carolina · 1963
  2. United States v. New York Dock Co.District Court, S.D. New York · 1951
  3. Howard v. Town of North Salt LakeUtah Supreme Court · 1955
  4. Shipe v. Floral Hills, Inc.District Court, W.D. Missouri · 1949

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