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LANCE INTERNATIONAL, INC. v. AETNA CASUALTY & SURETY CO.

No. 66 Civ. 3487.

264 F.Supp. 349 (1967)

LANCE INTERNATIONAL, INC., a Debtor in Possession, Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY et al. and Export-Import Bank of Washington, Defendants.

United States District Court S. D. New York.

February 9, 1967.

Attorney(s) appearing for the Case

Lewis, MacDonald & Varian, New York City, for plaintiff; Robert D. Witte and Maurice J. Gilchrist, New York City, of counsel.

Gottesman, Wolgel & Smith, New York City, for all Defendants other than Export-Import Bank of Washington; Samuel Gottesman, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, New York City, for defendant Export-Import Bank of Washington; Alan G. Blumberg, Asst. U. S. Atty., of counsel.

MANSFIELD, District Judge.

The principal question raised by plaintiff's motion is whether all 29 defendants may remove the case to this Court where the principal defendant (Export-Import Bank) would have had the right to remove if it had been sued alone, and where the facts and issues are substantially identical as to all. The background is as follows:

On September 23, 1966, the plaintiff, a New York corporation, brought its suit for damages in the New York...

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