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FIRST NAT. BANK v. LAFAYETTE NAT. BANK

Civ. A. No. 2003.

40 F.Supp. 480 (1941)

FIRST NAT. BANK OF ROSELLE v. LAFAYETTE NAT. BANK OF BROOKLYN.

District Court, E. D. New York.

August 20, 1941.

Attorney(s) appearing for the Case

Walter Jeffreys Carlin, of New York City, for defendant, appearing specially for purpose of this motion.

Lester L. Weil, of New York City, for plaintiff.

ABRUZZO, District Judge.

This is a motion by the defendant to dismiss the complaint on the ground of lack of jurisdiction of the person of defendant and plaintiff; over the subject matter; and because the amount in controversy is less than the jurisdictional amount of $3,000, exclusive of interest and costs.

The defendant is a national banking association and the plaintiff is trustee for the owner of a $2,000 mortgage certificate of which mortgage the defendant...

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