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SCHIAVONE CONST. CO. v. CITY OF NEW YORK

No. 48, Docket 95-9285.

99 F.3d 546 (1996)

SCHIAVONE CONSTRUCTION CO., Daidone Electric of New York, Inc., a Joint Venture, Plaintiff-Appellant, v. CITY OF NEW YORK, Red Hook Water Pollution Control Plant, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 7, 1996.

Attorney(s) appearing for the Case

Vincent J. Torna, New York City (K. Richard Marcus, McDonough Marcus Cohn & Tretter, New York City, of counsel), for Appellant.

George Gutwirth, Office of the Corporation Counsel, City of New York, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, Francis F. Caputo, Office of the Corporation Counsel of the City of New York, New York City, of counsel), for Appellee.

Before: MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal we must decide whether a company's legitimate assignment of its interest in a joint venture construction project eliminates that company's citizenship from consideration in determining whether diversity jurisdiction exists in a later suit by the joint venture for sums allegedly owed for work on the project.

Schiavone Construction Co., Daidone Electric of New York, Inc., a Joint Venture appeals the dismissal of its action...

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