VITRO v. TOWN OF CARMEL

No. 76 CIV. 3160(MP).

433 F.Supp. 1110 (1977)

Dominic VITRO and United States of America, Plaintiffs, v. The TOWN OF CARMEL, Defendant.

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

July 18, 1977.


Attorney(s) appearing for the Case

Winnie & Himmelein, New York City by Norman T. Himmelein, New York City, for plaintiffs.

Flood, Conway, Walsh, Stahl & Farrell, New York City by James S. Conway, New York City, for defendant.


MEMORANDUM

POLLACK, District Judge.

This is a motion to dismiss for lack of subject matter jurisdiction on the alleged ground that there is no diversity of citizenship between the plaintiff and the defendant Town of Carmel, New York. Plaintiff claims that at the time suit was commenced he was a citizen of Arkansas while defendant claims that plaintiff was a citizen of New York. The motion is denied for the reasons appearing hereafter.

The underlying...

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