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IN RE EASTERN DISTILLERIES CORPORATION

47 F.Supp. 330 (1942)

In re EASTERN DISTILLERIES CORPORATION. MAHONEY v. BETHLEHEM ENGINEERING CORPORATION.

District Court, S. D. New York.

October 28, 1942.

Attorney(s) appearing for the Case

Alexander & Schwach, of New York City, for plaintiff.

Henry Goldstein, of New York City, for defendant.

RIFKIND, District Judge.

The action is for breach of a contract to loan money. Defendant moves (1) to "dismiss the action" on the ground that the complaint as amplified by a bill of particulars fails to state a claim upon which relief can be granted, Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c; (2) to "dismiss the action" for non-joinder of parties; and, in the alternative, (3) to strike out certain portions of the complaint...

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