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HADLEY v. RINKE

39 F.Supp. 207 (1941)

HADLEY et al. v. RINKE (HADLEY et al., third-party defendants).

District Court, S. D. New York.

Rehearing Denied February 8, 1941.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (Robert McLeod Jackson, of New York City, of counsel), for plaintiffs.

Osborn, Fleming & Whittlesey, of New York City, for defendant Rinke.

Glass & Lynch, of New York City (Walter A. Lynch and Jerome Weinstein, both of New York City, of counsel), for third-party defendants Fuchs and Thames River Line, Inc.

LEIBELL, District Judge.

This is a motion to dismiss the complaint. Plaintiffs dispute the right of the third-party defendants, as moving parties to ask for a dismissal of the complaint against the original defendant, Rinke, but since Rinke, in a memorandum, joins in the motion, it is unnecessary to decide that point.

The ground upon which dismissal of the action is sought is that the two causes of action alleged in the complaint are founded upon trust agreements...

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