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ROUSSEAU v. UNITED STATES TRUST CO. OF NEW YORK

No. 76 Civ. 1694.

422 F.Supp. 447 (1976)

Mary Bullard ROUSSEAU et al., Plaintiffs, v. UNITED STATES TRUST COMPANY OF NEW YORK, Defendant.

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

November 4, 1976.

Attorney(s) appearing for the Case

Pollack & Kaminsky, New York City, for Rousseau Family; Daniel A. Pollack, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendant; John M. Walker, Jr., Richard B. Covey, Dan T. Hastings, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant for a wide variety of relief:

(1) to dismiss the complaint "or a portion thereof" for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1)) (a) because Cornell University is an indispensable party plaintiff and if joined as a party there will be no complete diversity of citizenship; and (b) because plaintiff Mary F. Rousseau is a citizen of New York and there is no complete...

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