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JASER v. NEW YORK PROPERTY INS. UNDERWRITING ASS'N

No. 845, Docket 86-9032.

815 F.2d 240 (1987)

Nasser JASER, Plaintiff-Appellant, v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION and Adriano Fernandes, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Ira M. Myers, New York City (Weg and Myers, New York City, of counsel), submitted brief, for plaintiff-appellant Nasser Jaser.

Charles T. Rubin, New York City (Greenhill and Rubin, New York City, of counsel), submitted brief, for defendant-appellee New York Property Ins. Underwriting Ass'n.

Warren L. Cohen, Tuckahoe, N.Y., for defendant-appellee Adriano Fernandes.

Before KAUFMAN and CARDAMONE, Circuit Judges and POLLACK, District Judge.

CARDAMONE, Circuit Judge:

This appeal raises two issues. The first arises from the district court's dismissal of plaintiff's complaint for incomplete diversity. When plaintiff then moved for leave to amend his complaint to eliminate the nondiverse parties, the district court's denial of that motion resulted in the second issue. With respect to this latter issue, the federal rules instruct courts to determine whether an action...

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