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CLINCHFIELD RAILROAD CO. v. BOSTON AND MAINE CORP.

No. 66 Civ. 15.

258 F.Supp. 467 (1966)

CLINCHFIELD RAILROAD COMPANY, Plaintiff, v. BOSTON AND MAINE CORPORATION, Defendant.

United States District Court S. D. New York.

September 20, 1966.

Attorney(s) appearing for the Case

Clark, Carr & Ellis, New York City, for plaintiff; G. Clark Cummings, Donald L. Wallace, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant; M. Lauck Walton, Craig B. Ward, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant Boston and Maine Corporation ("B & M") for an order dismissing the complaint for lack of subject-matter jurisdiction. Fed. R.Civ.P. 12(b) (1).

Plaintiff Clinchfield Railroad Company ("Clinchfield") is averred to be an unincorporated association existing under the laws of Tennessee. B & M is averred to be a Delaware corporation with a place of business...

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