INDEMNITY INS. CO., ETC. v. PAN AMERICAN AIRWAYS


57 F.Supp. 980 (1944)

INDEMNITY INS. CO. OF NORTH AMERICA v. PAN AMERICAN AIRWAYS, Inc., et al.

District Court, S. D. New York.

December 8, 1944.


Attorney(s) appearing for the Case

George A. Garvey, of New York City, for plaintiff.

Haight, Griffin, Deming & Gardner, of New York City, for defendant Pan American.

Socolow & Pepper, of New York City, for defendant Erwin D. Swann.


RIFKIND, District Judge.

Defendant Pan American's motion challenges the court's jurisdiction. The substantial ground of the motion is that a proper realignment of the parties reveals the absence of diversity of citizenship.

Upon the first argument of this motion, plaintiff, apprehending the risks involved in a jurisdictional doubt, agreed with the moving defendant to have the complaint amended in several respects, which will be hereinafter noted, and to drop...

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