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MERRIAM v. WIMPFHEIMER

25 F.Supp. 405 (1938)

MERRIAM v. WIMPFHEIMER et al.

District Court, S. D. New York.

October 20, 1938.

Attorney(s) appearing for the Case

Krause, Hirsch & Levin, of New York City (Sidney Gross and Elliott Krause, both of New York City, of Counsel), for plaintiff.

Kellogg, Emery & Innes-Brown, of New York City (J. R. Kochendorfer, of New York City, of counsel), for defendant E. W. Bliss Buildings, Inc.

Meyer Halpern, of New York City (Charles Seligson, of New York City, of counsel), for defendants Sol Wimpfheimer, Otto D. Wimpfheimer, and Thorner Manufacturing Co. Inc.

WOOLSEY, District Judge.

The first two causes of action stated in the complaint have been settled and, therefore, I have only to consider the third.

I hold that the third alleged cause of action as against Otto D. Wimpfheimer and Sol Wimpfheimer and Thorner Manufacturing Company, Inc., must be dismissed, without costs.

I have already dismissed the complaint as to E. W. Bliss Buildings, Inc., without costs.

I. My subject matter jurisdiction...

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