District Court, E.D. New York October 31, 1950, Civ. No. 10895 (L. Fatato, Inc. v. Beer Drivers Local Union 24)

GALSTON, District Judge.

The defendant by motion seeks an order dismissing the action on the ground that the court lacks jurisdiction, because it appears on the face of the complaint, and from the affidavit of William Greenstein supporting the motion, that the controversy is not one wholly between citizens of different states in that both plaintiff and defendant are citizens of the State of New