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OSTER v. DOMINION OF CANADA

Civ. Nos. 4511, 4599, 4600, 4782, 5011, 5018, 5086, 5704.

144 F.Supp. 746 (1956)

Arthur OSTER and Dorothy Oster, Plaintiffs, v. DOMINION OF CANADA, Defendant. William L. CLAY et al., Plaintiffs, v. DOMINION OF CANADA, Defendant. William L. CLAY, Jr., Plaintiff, v. DOMINION OF CANADA, Defendant. ONTARIO REFECTORIES, Inc., Plaintiff, v. DOMINION OF CANADA, Defendant. Lewis DOLLINGER and Lelia A. Dollinger, Plaintiffs, v. HER MAJESTY ELIZABETH, QUEEN OF CANADA and Canada, Defendants. Arthur SHAUGHNESSY and Anne Shaughnessy, Plaintiffs, v. HER MAJESTY ELIZABETH, QUEEN OF CANADA and Canada, Defendants. Angelo R. SANTORA, Plaintiff, v. HER MAJESTY ELIZABETH as of right Queen of Canada and Canada, Defendants. Norman ATTERBY and Mary Atterby, individually and Norman Atterby as President et al., Plaintiffs, v. HER MAJESTY ELIZABETH II, QUEEN OF CANADA and the Dominion of Canada, Defendants.

United States District Court N. D. New York.

Judgment Affirmed December 7, 1956.

Attorney(s) appearing for the Case

Perry Rauch, Syracuse, N. Y., for plaintiffs in Nos. 5704, 4511.

William L. Clay, Rochester, N. Y., for plaintiffs in Nos. 4599, 4600, 5086.

Homer H. Marks, Rochester, N. Y., for plaintiff in No. 4782, Philip Hillsberg, Syracuse, N. Y., of counsel.

William L. Clay, Rochester, N. Y., for plaintiffs in Nos. 3011, 5018, Perry Rauch, Syracuse, N. Y., of counsel.

No appearance for defendants.

Sullivan & Cromwell, New York City, Inzer B. Wyatt, New York City, of counsel; Courtney Kingstone, Legal Dept. of External Affairs, Ottawa, Canada, on the brief, amicus curiae upon the argument in support of the suggestion of no jurisdiction.

Judgment Affirmed December 7, 1956. See 238 F.2d 400.

BRENNAN, Chief Judge.

The problem involved in each of the above actions is one of jurisdiction. The question is similar in each case and this decision will apply in each of the above entitled actions.

Practically, Canada is the defendant in each of the claims. It is suggested that the correct denomination of the defendant is "Her Majesty Queen Elizabeth II in Right...

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