This section contains the nature of the case and procedural background.

P sued D. P alleges that at all times herein he was a citizen of the U.S. residing in France and that the two defendants were residents of New York and the corporate defendant has its principal place of business in New York. P contends there is diversity because he is a resident of a foreign state while Ds are all residents of New York. D filed a 12(b)(1) motion to dismiss for lack of jurisdiction.

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