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LIONEL CORPORATION v. DE FILIPPIS

No. 7640.

11 F.Supp. 712 (1935)

LIONEL CORPORATION et al. v. DE FILIPPIS et al.

District Court, E. D. New York.

July 23, 1935.

Attorney(s) appearing for the Case

John M. Cole, of New York City (Joel B. Liberman and Gustav Goodmann, both of New York City, of counsel), for plaintiffs.

Carl E. Ring, of New York City (William H. Woolley, of New York City, of counsel), for defendants.

GALSTON, District Judge.

The matter comes before the court on a motion to dismiss the complaint on various grounds which may be enumerated as follows:

First, because it appears from the complaint that there is an action between the plaintiffs and one of the defendants, Raymond de Filippis, pending in the Supreme Court of the state of New York, brought prior to the commencement of this action, which raises substantially all the issues raised by this complaint...

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