FINE v DELALANDE INC 545 F Supp 275
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FINE v. DELALANDE, INC. 545 F. Supp. 275 (S. D. N. Y. 1982) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • PURPOSE: This case illustrates diversity jurisdiction; petition for removal to federal court, followed by motion to remand to state court. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • CAUSE OF ACTION: Not stated in decision. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • FACTS: This lawsuit began on April 1, 1982 in the New York Supreme Court, New York County, the same day on which the defendant Delalande, Inc. filed an action in this Court against the plaintiffs claiming diversity of citizenship. Delalande removed this action from the state court on April 20. By motion docketed May 5, 1982, the Fine plaintiffs sought the remand of this action to the state court as improvidently removed. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • ISSUE: Whether the case should be remanded for lack of complete diversity. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • HOLDING: Yes. Diversity was lacking. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
FINE v. DELALANDE, INC. • REASONING: A corporation is deemed to be a citizen of the state wherein it has its principal place of business, and of the state of its incorporation. Since Delalande has its principal place of business in NY and eleven plaintiffs are citizens of NY, remand is required. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
