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MURPHY v. HUDSON & MANHATTAN R. CO.

No. 2704.

45 F.Supp. 720 (1942)

MURPHY et al. v. HUDSON & MANHATTAN R. CO.

District Court, E. D. New York.

June 20, 1942.

Attorney(s) appearing for the Case

Herbert Kaufman, of New York City, for plaintiffs.

Duncan & Mount, of New York City, (J. Roger Carroll, of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is a motion to dismiss the complaint because of lack of the requisite diversity of citizenship upon which jurisdiction is based. Plaintiffs are citizens of the State of New York and were injured in New Jersey allegedly because of the negligence of defendant. Defendant is incorporated in New Jersey and is also voluntarily incorporated in New York.

In opposition to this motion, plaintiffs rely on Boston & M. R. R. v. Hurd...

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