FITZGERALD v. SOUTHERN RAILWAY COMPANY


176 F.Supp. 445 (1959)

Thomas P. FITZGERALD, an infant over the age of fourteen years, by his Guardian ad litem, Bridget Fitzgerald, and Bridget Fitzgerald, Plaintiffs, v. SOUTHERN RAILWAY COMPANY and New York Central Railroad Company, Defendants.

United States District Court S. D. New York.

June 29, 1959.


Attorney(s) appearing for the Case

Samuel P. Sporn, Brooklyn, N. Y., for plaintiffs.

Gerald E. Dwyer, New York City, for defendant New York Cent. R. Co. David Lasky, New York City, of counsel.

Davis, Polk, Wardwell, Sunderland, & Kiendl, for defendant Southern Ry. Co.


HERLANDS, District Judge.

Whether "diversity" exists for purposes of diversity-of-citizenship jurisdiction is the fundamental question posed by the fact that the defendant New York Central Railroad Company is a multi-state corporation. The issue is raised by said defendant's cross-motion to dismiss as to said defendant for lack of jurisdiction. Plaintiffs have moved to strike out said defendant's answer on the ground that said defendant has defaulted in answering...

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