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AIRLINES REPORTING CORP. v. S AND N TRAVEL, INC.

No. CV 93-0396 (JBW).

857 F.Supp. 1043 (1994)

AIRLINES REPORTING CORPORATION, Plaintiff, v. S AND N TRAVEL, INC., d/b/a Superior Travel, Ephraim Schwartz, and Walter Newmark, Defendants.

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

July 26, 1994.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, New York City by Harold K. Gordon, Jones, Day, Reavis & Pogue, Washington, DC by Thomas F. Cullen, Jr., Kathryn M. Fenton, for plaintiff Airlines Reporting Corp.

Lichtenberg & Gross, P.C., New York City by Murray Lichtenberg, Roberts & Hundermark, Chevy Chase, MD by Barry Roberts, for defendants S and N Travel, d/b/a Superior Travel, Ephraim Schwartz, and Walter Newmark.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Defendants move to dismiss for lack of subject matter jurisdiction on the grounds that diversity of citizenship is lacking and that the amount in controversy does not exceed $50,000. The motion must be granted. Airlines Reporting Corporation ("ARC") was not the real party in interest until assignments were collusively made for the purpose of obtaining...

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