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CAFFERY v. NEW YORK CENTRAL RAILROAD CO.

No. 122, Docket 27838.

324 F.2d 711 (1963)

Theodore CAFFERY, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD CO., Inc., Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Fred R. Scharf, Buffalo, N. Y., for appellant. James C. Heaney, Buffalo, N. Y., of counsel.

Vaughan, Brown, Kelly, Turner & Symons, Buffalo, N. Y., for appellee. John E. Leach, Buffalo, N. Y., of counsel.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

PER CURIAM.

Federal jurisdiction is based on diversity, plaintiff being a citizen of New York and defendant being incorporated in the State of Delaware. Title 28 U.S.C. § 1332(c) provides:

"(c) For the purposes of this section and section 1441 of this title, a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business."

This section was considered in Egan...

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