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MATIMAK TRADING CO. v. KHALILY

No. 1251, Docket 96-9117.

118 F.3d 76 (1997)

MATIMAK TRADING CO., Plaintiff-Appellant, v. Albert KHALILY, d/b/a Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1997.

Attorney(s) appearing for the Case

Thomas A. Leghorn, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for Plaintiff-Appellant.

M. Christine Carty, Schnader, Harrison Segal & Lewis, New York City, for Defendants-Appellee D.A.Y. Kids Sportswear.

Frank W. Hunger, Mary Jo White, Michael Jay Singer, John P. Schnitker, United States Department of Justice, for the United States Department of Justice as Amicus Curiae.

Before: ALTIMARI, McLAUGHLIN and JACOBS, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff appeals from an order entered August 19, 1996 in the United States District Court for the Southern District of New York (Wood, J.) dismissing plaintiff's claims for lack of subject matter jurisdiction. We review de novo the grant of the dismissal motion. See PaineWebber Inc. v. Bybyk, 81 F.3d 1193, 1197 (2d Cir.1996).

The principal issue is whether a Hong Kong corporation...

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