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McEACHRON v. GLANS

No. 96-CV-1345 (DRH).

983 F.Supp. 330 (1997)

Howard J. McEACHRON, Guardian of Douglas H. McEachron, his ward, and Douglas H. McEachron, as ward of Howard J. McEachron, his Guardian, Plaintiffs, v. Shawn R. GLANS; James D. Bowen, as Sheriff of the County of Saratoga; Saratoga County Sheriff's Department; and County of Saratoga, Defendants, Third-Party Plaintiffs, Counter-Defendants and Cross Defendants, v. TOWN OF WILTON, Third-Party Defendant, Counter-Claimant and Cross-Claimant.

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

November 7, 1997.

Attorney(s) appearing for the Case

Cade & Saunders, P.C. (William J. Cade, of Counsel), Albany, NY, for Plaintiffs.

Pennock & Breedlove, LLP (John H. Pennock, Jr., of Counsel), Clifton Park, NY, for Saratoga County Defendants.

Brooks & Meyer (James Brooks, of Counsel), Lake Placid, NY, for Town of Wilton.

MEMORANDUM-DECISION AND ORDER

HOMER, United States Magistrate Judge.

Presently pending is the defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. Docket No. 19. Defendants contend that there did not exist diversity of citizenship between plaintiffs and defendants. For the reasons which follow, that motion is granted.

I. Background1

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