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BRUNETTE SUNAPEE CORPORATION v. ZEOLUX CORPORATION

228 F.Supp. 805 (1964)

BRUNETTE SUNAPEE CORPORATION, Plaintiff, v. ZEOLUX CORPORATION, formerly known as Sam Zeoli, Inc., and Borg-Warner Corporation, Defendants.

United States District Court S. D. New York.

April 29, 1964.

Attorney(s) appearing for the Case

Samet, Gordon & Riseman, New York City, for plaintiff; Frank H. Gordon and Edward Robin, New York City, of counsel.

Nathan Shapiro, New York City, for defendant Borg-Warner Corp.; Paul B. Bergins, New York City, of counsel

METZNER, District Judge.

Defendant Borg-Warner Corporation moves pursuant to F.R.Civ.P. 12(b) (2) to dismiss the action for lack of jurisdiction over the defendant. In the alternative, it moves for a dismissal of the action on the ground that the jurisdiction of the court is invoked on the ground of diversity and neither the plaintiff nor Borg-Warner resides in this judicial district.

The complaint alleges:

(1) Plaintiff is a New Hampshire corporation...

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