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LOEW'S INCORPORATED v. BASSON

46 F.Supp. 66 (1942)

LOEW'S INCORPORATED v. BASSON et al.

District Court, S. D. New York.

July 23, 1942.

Attorney(s) appearing for the Case

J. Robert Rubin, of New York City (Samuel D. Cohen, of New York City, of counsel), for plaintiff.

Barshay, Frankel & Rothstein, of New York City (Nathan Frankel and David Sloane, both of New York City, of counsel), for defendants.

GODDARD, District Judge.

Defendant Motion Picture Machine Operators' Union Local 306 moves for an order dismissing the complaint on the grounds that it fails to state a claim upon which relief can be granted, pursuant to Rule 12(b) (6), and that the court has no jurisdiction over the subject matter herein, pursuant to Rule 12(b) (1), and for judgment on the pleadings, pursuant to Rule 12(c) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

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