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BLAIR HOLDINGS CORP. v. RUBINSTEIN

122 F.Supp. 602 (1954)

BLAIR HOLDINGS CORP. v. RUBINSTEIN et al.

United States District Court, S. D. New York.

June 24, 1954.

Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl, New York City, John F. Sonnett, Asa D. Sokolow, Sheldon Oliensis, New York City, of counsel, for plaintiff.

Barron, Rice & Rockmore, New York City, George P. Halperin, Eugene V. Weissman, New York City, of counsel, for defendant Rubinstein.

Rosenman, Goldmark, Colin & Kaye, New York City, Godfrey Goldmark, New York City, of counsel, for defendant Dardi.

EDELSTEIN, District Judge.

In an action for recission of contract and damages, the plaintiff brought on an order to show cause why an order should not be entered directing it, within the twenty day period of Rule 26(a), 28 U.S.C.A., to take depositions of defendants, and granting certain injunctive relief pendente lite. The defendant Rubinstein then moved to dismiss, under Rule 12(b) (1), on the ground that diversity of citizenship, or more properly,

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