FRITZ v. WARNER-LAMBERT PHARMACEUTICAL COMPANY

Civ. A. No. 72 C 165.

349 F.Supp. 1250 (1972)

Joseph FRITZ, for himself and on behalf of all other persons similarly situated, Plaintiff, v. WARNER-LAMBERT PHARMACEUTICAL COMPANY, Defendant.

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

October 18, 1972.


Attorney(s) appearing for the Case

Bernard Hanft, New York City, for plaintiff.

Donald J. Zoeller, Mudge, Rose, Guthrie & Alexander, New York City (John J. Kirby, Jr., and John B. Sherman, New York City, of counsel), for defendant.


MEMORANDUM AND ORDER

NEAHER, District Judge.

Defendant moves to dismiss the amended complaint under Rule 12(b)(1), F.R.Civ.P., on the ground of lack of jurisdiction over the subject matter, asserting that the matter in controversy does not exceed the sum of $10,000 exclusive of interests and costs. Since this court's jurisdiction is grounded solely on the diverse citizenship of the parties, compliance with the jurisdictional amount requirement is critical...

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