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CITY OF NEW YORK v. SMITH

No. 67 Civ. 1954.

279 F.Supp. 866 (1968)

The CITY OF NEW YORK, Plaintiff, v. Richard Joyce SMITH and William J. Kirk, as Trustees of the New York, New Haven and Hartford Railroad Company, and not individually, Defendants.

United States District Court S. D. New York.

January 15, 1968.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel, by Samuel Mandell, New York City, for plaintiff.

William P. Jones, New York City, for defendants.

MANSFIELD, District Judge:

Plaintiff moves to remand this declaratory judgment action to the New York State Supreme Court, where it was originally brought, on the ground that the amount in controversy does not exceed $10,000, 28 U.S.C. § 1332(a) (1),1 and therefore the action is not removable to the federal courts. 28 U.S.C. § 1441(a).2 The action arises as the result of a dispute as to the meaning...

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