SMITH v. HICKEY

No. 79 Civ. 3122 (RWS).

482 F.Supp. 644 (1979)

R. C. SMITH, Charles Calhoun, Joseph Penot, Martin Hickey, Michael Diprisco, James Hayes, Thomas E. Murphy, Franklin K. Riley and J. Eric May, as Trustees of the R.O.U. Benefits Plan, Plaintiffs, v. Martin HICKEY, Michael Diprisco, Nicholas Telesmanic, C. J. Bracco, David Schultze, Allen Taylor, William Ristine, William Steinberg, Bernard Smith, Harvey Strichartz, Joseph Rubin, Phillip O'Rourke, Floyd Hepting, Ralph Baird, as Trustees of the A.R.A.-P.M.A. Welfare Plan and the A.R.A. Pension and Welfare Plan and John Sokolowski, as Administrator of the A.R.A. Pension and Welfare Plans and Paul Anselmo, as the Training Director of the A.R.A.-R. O.U. Training School, Defendants.

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

December 19, 1979.


Attorney(s) appearing for the Case

Marchi, Jaffe, Cohen, Crystal & Katz, New York City, for plaintiffs by David Jaffe, New York City, of counsel.

Edwin Steinberg, New York City, for defendants by Lydia Tugendrajch, New York City, of counsel.


OPINION

SWEET, District Judge.

Plaintiffs commenced this action against defendants in New York Supreme Court for breach of contract and for an accounting. Defendants removed the action to this court under 28 U.S.C. § 1441. Plaintiffs now move to remand the action to state court pursuant to 28 U.S.C. § 1447(c). A review of the facts underlying this action demonstrates a lack of subject matter jurisdiction over the claims asserted in the complaint...

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