Legal Opinion
Korber v. Lehman
District Court, S.D. New York
Decided May 20, 1963PublishedCited by 4 opinions
1Opinion of the Court
WYATT, District Judge.
The motion is by plaintiff to remand the action to the New York Supreme Court, New York County, 28 U.S.C.A. § 1447(c).
The action was removed from the state court by defendant Lehman and other defendants.
The motion to remand is granted.
The complaint alleges two causes of action. Removal as to the first cause of action was based on diversity of citizenship (28 U.S.C.A. § 1332(a) (1)) and as to the second was based on its arising under the laws of the United States (28 U.S.C.A. § 1331(a)).
The parties are in agreement that the first cause of action is for common law fraud…
2Cases cited8 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1959
- Pate v. Standard Dredging Corp.Court of Appeals for the Fifth Circuit · 1952
- Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
- Bolstad v. Central Surety & Insurance CorporationCourt of Appeals for the Eighth Circuit · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- U. S. Industries, Inc. v. GreggDistrict Court, D. Delaware · 1972
- Farmers & Merchants Bank v. Hamilton Hotel Partners of Jacksonville Ltd. PartnershipDistrict Court, W.D. Arkansas · 1988
- Milton R. Barrie Co., Inc. v. LevineDistrict Court, S.D. New York · 1975
- Pinto v. Maremont CorporationDistrict Court, S.D. New York · 1971