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WILLIAMS v. DOW CHEMICAL CO.

No. 01 Civ. 4307(PKC).

326 F.Supp.2d 443 (2004)

John WILLIAMS and Tina Williams, et al., Plaintiffs, v. The DOW CHEMICAL COMPANY, Dow Agrosciences LLC, and John Does 1 Through 100, Defendants.

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

May 20, 2004.

Attorney(s) appearing for the Case

Curtis V. Trinko, Law Offices of Curtis V. Trinko, L.L.P., Kenneth F. McCallion, Rajan Sharma, McCallion & Associates, L.L.P., New York City, for Plaintiffs.

Daniel J. Thomasch, Orrick, Herrington & Sutcliffe, L.L.P., New York City, Dean T. Barnhard, Barnes & Thornburg, Indianapolis, IN, Glenn K. Jones, Orrick, Herrington & Sutcliffe LLP, New York City, Joseph G. Eaton, Barnes & Thornburg, Indianapolis, IN, Morton Donald Dubin, III, Richard W. Mark, Orrick, Herrington & Sutcliffe L.L.P., New York City, Robert D. MacGill, Barnes & Thornburg, Indianapolis, IN, for Defendants.

MEMORANDUM AND ORDER

CASTEL, District Judge.

This opinion will address the continuing subject matter jurisdiction of this court following the recent discovery that there is no longer complete diversity of citizenship between the parties. It suffices to note at the outset that the presently operative pleading, the Second Amended Complaint ("SAC"), invokes both federal question and diversity jurisdiction, although the plaintiffs' assertion of diversity jurisdiction...

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