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CITY OF N. Y. v. PULLMAN INC.

No. 79 Civ. 3219.

477 F.Supp. 438 (1979)

The CITY OF NEW YORK and the New York City Transit Authority, Plaintiffs, v. PULLMAN INCORPORATED, Pullman-Standard, a Division of Pullman Incorporated, and Rockwell International Corporation, Defendants.

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

August 21, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corp. Counsel, New York City, for plaintiffs; Bruce S. Kaplan, Anthony Z. Scher, Jane Winer, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendants Pullman Inc. and its Division, Pullman Standard; Philip C. Potter, Jr., Thomas J. Aquilino, Jr., New York City, Thomas A. Schweitzer, of counsel.

Chadbourne, Parke, Whiteside & Wolff, New York City, for defendant Rockwell Intern. Corp.; Charles H. Harff, Donald I. Strauber, Richard J. Ney, Jerome C. Katz, Claudia L. Taft, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is a motion by plaintiffs to remand this action1 to the Supreme Court of the State of New York from whence it was removed to this Court upon defendants' petition alleging diversity of citizenship.2 It is not disputed that such diversity exists.3 The motion to remand is based on a provision in the agreement out of which this...

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