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KRISEL v. DURAN

No. 65 Civ. 2702.

303 F.Supp. 573 (1969)

Maurice A. KRISEL, Plaintiff, v. Rafael DURAN, Sam J. Van Hining, Economic Development Administration of Puerto Rico and Phillips Petroleum Company, Defendants.

United States District Court S. D. New York.

July 28, 1969.

Attorney(s) appearing for the Case

Cardozo & Cardozo, New York City, for plaintiff; Roman Beck, Benjamin M. Cardozo, Maurice A. Krisel, Edwin D. Kyle, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant Phillips Petroleum Co.; Robert MacCrate, Thomas E. Patton, New York City, of counsel.

EDWARD WEINFELD, District Judge.

The basic facts upon which plaintiff seeks to hold the defendant Phillips Petroleum Company [Phillips] liable are set forth in this Court's earlier opinion dismissing the action against the Economic Development Administration of Puerto Rico [EDA] on the jurisdictional ground that EDA was an instrumentality of the Commonwealth of Puerto Rico and that since the Commonwealth was the real party in interest, diversity jurisdiction was lacking...

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