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HELLAWELL v. GRAFELD

No. 8261.

22 F.Supp. 765 (1938)

HELLAWELL v. GRAFELD et al.

District Court, E. D. New York.

January 31, 1938.

Attorney(s) appearing for the Case

S. Joseph Oxenberg, of New York City (Ferdinand I. Haber, of New York City, of counsel), for plaintiff.

William V. Hagendorn, of Brooklyn, N. Y., and James W. Andrews, of Jamaica, L. I., N. Y., for defendants.

MOSCOWITZ, District Judge.

This is a motion to dismiss the amended complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action. The action is brought by the receiver of the Hewlett-Woodmere National Bank to recover a sum of money alleged to have been illegally paid to the Hewlett Bay Fire District under a mistake of law. As defendants, the plaintiff has named five individuals who are designated...

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