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SPADOLA v. VIKING YACHT CO.

No. 77 Civ. 1684.

441 F.Supp. 798 (1977)

Vincent SPADOLA, Plaintiff, v. VIKING YACHT COMPANY, Defendant and Third-Party Plaintiff, v. JOHN W. McGRATH CORPORATION and Costa Line, Third-Party Defendants.

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

December 6, 1977.

Attorney(s) appearing for the Case

Paul A. Gritz, Brooklyn, N.Y. (Martin L. Katz, Brooklyn, N.Y., of counsel), for plaintiff.

Sherwin Rear, Brooklyn, N.Y., Simon & White, New York City, for defendant and third-party plaintiff Viking.

Michael D. Martocci, New York City (Philip S. LaPenta, New York City, of counsel), for third-party defendant Costa Line.

James M. Leonard, McHugh, Heckman, Smith & Leonard, New York City, for third-party defendant, John W. McGrath Corp.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Plaintiff Vincent Spadola is a citizen and resident of New York. Defendant Viking Yacht Company is alleged to be a "domestic corporation," (Complaint, ¶ SECOND) having "a place of doing business at Route 9 and Bass River, New Gretna, New York" (Complaint, ¶ THIRD). Apparently, in fact it is a New Jersey corporation. By paragraph TENTH of the original complaint filed April 3, 1977, subject matter jurisdiction...

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