WYDE, INC. v. BARTELL BROADCASTING CORP.


199 F.Supp. 773 (1961)

WYDE, INC. and Wake, Inc., Plaintiffs, v. BARTELL BROADCASTING CORP., Wake Broadcasters, Inc., Bartell Broadcasters, Inc., Gerald Bartell, Lee Bartell, David Bartell and Melvin Bartell, Defendants.

United States District Court S. D. New York.

December 12, 1961.


Attorney(s) appearing for the Case

Milton Pollack, New York City, for plaintiffs.

Joseph E. McMahon, New York City, for defendants Bartell Broadcasting Corp., Wake Broadcasters, Inc. and David Bartell.


MacMAHON, District Judge.

Plaintiffs move to remand this action to the state court on the ground that it was improperly removed under 28 U.S. C.A. § 1441(b) in that this court lacks jurisdiction over the subject matter.

Plaintiffs contend that this is simply an action for damages for common law fraud involving neither a federal question nor diversity. Defendants argue that a federal question is involved because the complaint alleges that in selling radio...

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