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MACK v. METRO-NORTH COMMUTER R.R.

No. 94 Civ. 2024 (RPP).

876 F.Supp. 490 (1994)

Sharon E. MACK, individually and as mother and natural guardian of David G. Mack, Jr., a minor, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Maurice J. Kiniry and Joe Bauman, individually and as employees of Metro-North, Defendants.

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

November 29, 1994.

Attorney(s) appearing for the Case

Campbell Holder & Assoc. by Campbell Holder, New York City, for plaintiff.

Metro-North Legal Dept. by Carol S. Barnett, New York City, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendants move, pursuant to Fed. R.Civ.P. 12(b)(1), to dismiss this case for lack of subject matter jurisdiction and Plaintiff moves to remand the case to state court, pursuant to 28 U.S.C. § 1447.

Background

Plaintiff Sharon Mack initiated this action in the Supreme Court of New York County against Metro-North Commuter Railroad ("Metro-North"), and Maurice Kiniry...

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