HARRIS DIAMOND CO. v. ARMY TIMES PUBLISHING COMPANY

No. 68 Civ. 94.

280 F.Supp. 273 (1968)

HARRIS DIAMOND CO., Inc., Plaintiff, v. ARMY TIMES PUBLISHING COMPANY, Joseph Varga and Ray Malone, Defendants.

United States District Court S. D. New York.

February 6, 1968.


Attorney(s) appearing for the Case

Feuerstein & Underweiser, New York City, for plaintiff; Raymond P. O'Keefe, Bernard A. Feuerstein, Peter D. Fischbein and Stanley L. Waldbaum, New York City, of counsel.

Casey, Lane & Mittendorf, New York City, for defendants; Keller & Heckman, Washington, D. C., of counsel.


METZNER, District Judge.

Plaintiff moves, pursuant to 28 U.S.C. § 1447(c), to remand this action to the Supreme Court, New York County, on the ground that complete diversity of citizenship does not exist between the parties.

Plaintiff manufactures jewelry and alleges that it sells its product by means of advertisements placed in newspapers published by the corporate defendant, Army Times Publishing Company. It claims to have a contract with this defendant...

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