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WOOD v. UNITED AIR LINES, INC.

Civ. A. No. 61 C 620.

216 F.Supp. 340 (1963)

Larmicia and Solomon WOOD, Plaintiffs, v. UNITED AIR LINES, INC., and Trans World Airlines, Inc., Defendants.

United States District Court E. D. New York.

January 24, 1963.

Attorney(s) appearing for the Case

Morris Hirschhorn, New York City, for plaintiffs; Harry A. Gair and Charles F. Krause, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant, United Air Lines, Inc.; Walter E. Rutherford, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant, Trans World Airlines, Inc.; P. G. Pennoyer, Jr., New York City, of counsel.

ABRUZZO, District Judge.

The plaintiffs move to dismiss their complaint against United Air Lines, Inc., hereinafter referred to as UAL, and Trans World Airlines, Inc., hereinafter referred to as TWA, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure without prejudice and without costs on the ground that diversity of citizenship does not exist against the defendant TWA. This action was commenced on August 29, 1961.

Rule 41(a)(2) provides that ...

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