Stein v. Fleischmann Co.
District Court, S.D. New York
In Equity. Suit by Theodore G. Stein and others against the Eleischmann Company and others. On motion for injunction. This is a motion for an injunction against the defendants’ disclosing certain trade secrets alleged to have come into their possession confidentially. The three plaintiffs are alleged to be the joint owners of the secrets, which concern the manufacture of yeast, and the jurisdiction of this court depends upon diverse citizenship.
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In Equity. Suit by Theodore G. Stein and others against the Eleischmann Company and others. On motion for injunction. This is a motion for an injunction against the defendants’ disclosing certain trade secrets alleged to have come into their possession confidentially. The three plaintiffs are alleged to be the joint owners of the secrets, which concern the manufacture of yeast, and the jurisdiction of this court depends upon diverse citizenship. The plaintiffs Cukr and Goldschmidt are alleged to be subjects of the emperor of Austria residing at Taikowitz, in the province of Moravia, and the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1, 2] It is clear .that Stein is not a citizen of New York, as the defendants assert, as he has given up his domicile, which being acquired, and not a domicile of origin, does not persist. Though he may be a naturalized citizen of the United States, he is not domiciled in any state, and he is not a citizen of any state, under the Eourteenth Amendment. To sue in a federal. District Court, it is not enough to be a citizen of the United States. One must be a citizen of a state. New Orleans v. Winter, 1 Wheat. 91, 4 L. Ed. 44; Hoe v. Jamieson, 166 *681U. S. 395,…
2Cases cited5 opinions
- MacKenzie v. HareSupreme Court of the United States · 1915
- The Corporation of New-Orleans v. WinterSupreme Court of the United States · 1816
- Bankers Trust Co. v. Texas & Pacific Railway Co.Supreme Court of the United States · 1916
- Hooe v. JamiesonSupreme Court of the United States · 1897
- United States ex rel. Anderson v. HoweDistrict Court, S.D. New York · 1916
3Cited by6 opinions
- Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
- Van Der Schelling v. U. S. News & World Report, Inc.District Court, E.D. Pennsylvania · 1963
- Deere v. State of New YorkDistrict Court, N.D. New York · 1927
- Camardo v. TillinghastCourt of Appeals for the First Circuit · 1928
- Nurge v. MillerDistrict Court, E.D. New York · 1923
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