Airlines Reporting Corp. v. S AND N TRAVEL, INC.
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge:
Defendants move to dismiss for lack of subject matter jurisdiction on the grounds that diversity of citizenship is lacking and that the amount in controversy does not exceed $50,000. The motion must be granted. Airlines Reporting Corporation (“ARC”) was not the real party in interest until assignments were collusively made for the purpose of obtaining federal jurisdiction in violation of 28 U.S.C. § 1359. The citizenship of the assignors of the claims will be considered for the purpose of determining diversity of citizenship. In addition, the…
2Cases cited16 opinions
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Asociacion Nacional De Pescadores a Pequena Escala O Artesanales De Colombia (Anpac) v. Dow Quimica De Colombia S.A.Court of Appeals for the Fifth Circuit · 1993
- Titus v. WallickSupreme Court of the United States · 1939
- Prudential Oil Corporation v. Phillips Petroleum CompanyCourt of Appeals for the Second Circuit · 1976
- Rosenblum v. DingfelderCourt of Appeals for the Second Circuit · 1940
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- Airlines Reporting Corporation v. S And N Travel, Inc.Court of Appeals for the Second Circuit · 1995
- Pollock v. Trustmark InsuranceDistrict Court, E.D. New York · 2005
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