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BEHLERT v. JAMES FOUNDATION OF NEW YORK

60 F.Supp. 706 (1945)

BEHLERT et al. v. JAMES FOUNDATION OF NEW YORK, Inc., et al.

District Court, S. D. New York.

May 19, 1945.

Attorney(s) appearing for the Case

A. S. Cutler, of New York City, for plaintiff.

Whitman, Ransom, Coulson & Goetz, of New York City (William L. Ransom and Forbes D. Shaw, both of New York City, and Horace E. Whiteside, of Ithaca, N. Y., of counsel), for defendants James Foundation of New York, Inc., William W. Carman and United States Trust Co. as executors of estate of Arthur Curtiss James.

CONGER, District Judge.

Motion to dismiss the complaint because of lack of jurisdiction.

This is a stockholders' derivative action.

In the complaint it is alleged that the matter in controversy exceeds $3,000. In the complaint there are allegations of fact which purport to show diversity of citizenship between plaintiffs and the defendants. The complaint alleges that the plaintiffs are citizens and residents of the District of Columbia and that the...

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