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LANG v. ELM CITY CONSTRUCTION COMPANY

Civ. No. 9024.

217 F.Supp. 873 (1963)

Arthur L. LANG, Administrator of the Estate of Richard Klinkhammer, Plaintiff, v. The ELM CITY CONSTRUCTION COMPANY, Austin R. LeMoine, a.k.a. Augustin R. LeMoine, Defendants, v. SAVIN BROTHERS, INC., Third-Party Defendant.

United States District Court D. Connecticut.

May 14, 1963.

Attorney(s) appearing for the Case

Ira B. Grudberg, of Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for plaintiff.

John D. Fassett, of Wiggin & Dana, New Haven, Conn., for defendant The Elm City Const. Co.

Richard P. Heffernan, of Heffernan & Heffernan, West Hartford, Conn., for defendant LeMoine.

Francis J. Moran, New Haven, Conn., for third party defendant Savin Brothers, Inc.

TIMBERS, District Judge.

Plaintiff's motion, pursuant to Rule 12(f), Fed.R.Civ.P.,1 to strike the first defense of defendant Elm City Construction Company, raises questions with respect to the Court's jurisdiction over the subject matter of this wrongful death action in view of the appointment of plaintiff as foreign administrator expressly for the purpose of creating diversity of citizenship.

Plaintiff's motion is granted; partial...

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