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ROCKMORE v. NEW JERSEY FIDELITY & PLATE GLASS INS. CO.

No. 207.

65 F.2d 341 (1933)

ROCKMORE v. NEW JERSEY FIDELITY & PLATE GLASS INS. CO. et al. In re M. C. T. CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 5, 1933.

Attorney(s) appearing for the Case

Arthur Leonard Ross, of New York City, for appellant.

Raiemond E. Dee, of New York City, for appellee New Jersey Fidelity & Plate Glass Insurance Company.

Kaufman & Weitzner, of New York City (Samuel H. Kaufman and Emil Weitzner, both of New York City, of counsel), for appellee Alpha Brokerage Corporation.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The M. C. T. Co., Inc., of which the complainant-appellant is the trustee in bankruptcy, was a New York corporation, and the defendant Alpha Brokerage Corporation was incorporated in the same state. If jurisdiction of the District Court depended on diversity of citizenship, and Alpha Brokerage Corporation was an indispensable party to the suit, jurisdiction was lacking and the bill of complaint was...

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