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Ganguly v. Swiss American

United States Court of Appeals, Second Circuit
Jul 20, 2007
229 F. App'x 51 (2d Cir. 2007)

Opinion

No. 05-4351-cv.

July 20, 2007.

Appeal from the United States District Court for the Southern District of New York (Mukasey, C.J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.

Dulal Kanti Ganguly, pro se, Eerbeek, Netherlands, for Appellant.

Allan N. Taffet, Joshua C. Klein, Duval Stachenfeld LLP, New York, NY, for Appellees.

Present: ROSEMARY S. POOLER, B.D. PARKER and RICHARD C. WESLEY, Circuit Judges.


SUMMARY ORDER

Dulal Kangi Ganguly appeals a judgment of the district court dismissing his complaint for lack of subject matter juris-diction. We assume the parties' familiarity with the facts, proceedings below, and specification of appellate issues.

The district court correctly concluded that Ganguly failed to establish either federal question jurisdiction or diversity juris-diction. See 28 U.S.C. §§ 1331 and 1332; see also Sosa v. Alvarez-Machain, 542 U.S. 692, 732, 124 S.Ct. 2739, 159 L.Ed.2d 718 (2004) (holding that "federal courts should not recognize private claims under federal common law [and thus under the Alien Tort Claims Act] for violations of any international law norm with less definite content and acceptance among civilized nations than the historical paradigms familiar when [28 U.S.C] § 1350 was enacted"); Itoba Ltd. v. Lep Group PLC, 54 F.3d 118, 121-25 (2d Cir. 1995) (describing conduct and effect tests for exercising jurisdiction over a transnational securities fraud claim); Int'l Shipping Co., S.A., v. Hydra Offshore, Inc., 875 F.2d 388, 391 (2d Cir. 1989) (holding that diversity jurisdiction does not exist "where aliens appear on both sides of a case"); Alfred Dunhill Ltd. v. Interstate Cigar Co., 499 F.2d 232, 237 (2d Cir. 1974) (holding that only the Federal Trade Commission has standing to enforce 15 U.S.C. § 45(a)).

We, therefore, affirm the judgment of the district court. Further, we deny as moot Ganguly's motion to change the district court's designation of his lawsuit as a civil rights action.


Summaries of

Ganguly v. Swiss American

United States Court of Appeals, Second Circuit
Jul 20, 2007
229 F. App'x 51 (2d Cir. 2007)
Case details for

Ganguly v. Swiss American

Case Details

Full title:Dulal Kanti GANGULY, Plaintiff-Appellant, v. SWISS AMERICAN SECURITIES…

Court:United States Court of Appeals, Second Circuit

Date published: Jul 20, 2007

Citations

229 F. App'x 51 (2d Cir. 2007)

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Ganguly v. Swiss American Sec., Inc.

Dulal Kanti GANGULY, petitioner, v. SWISS AMERICAN SECURITIES, INC., et al.Case below, 229 Fed.Appx. 51.…