BROWER v. FRANKLIN NATIONAL BANK

No. 68 Civ. 2172.

311 F.Supp. 675 (1970)

Frederick J. BROWER, Plaintiff, v. FRANKLIN NATIONAL BANK, a Successor in Interest to the Federation Bank & Trust Company, Defendant.

United States District Court, S. D. New York.

As Modified April 29, 1970.


Attorney(s) appearing for the Case

Joseph I. Stone, New York City, for plaintiff.

Rathheim, Hoffman, Kassel & Silverman, New York City, for defendant.


WYATT, District Judge.

This is a motion by defendant Franklin National Bank, a successor in interest to the Federation Bank & Trust Company (the Bank) for summary judgment in its favor (Fed.R.Civ.P. 56(b)). For reasons to be given, the motion must be denied.

The complaint asserts that there is diversity of citizenship. It is averred that "at all times hereinafter stated, plaintiff was a resident of the State of New Jersey and the defendant is a corporation...

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