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SCHOELER v. ROTH

51 F.Supp. 518 (1942)

SCHOELER v. ROTH et al.

District Court, S. D. New York.

September 29, 1942.

Attorney(s) appearing for the Case

Cass, Bacal & Castaldi, of New York City (Alvin C. Cass, of New York City, of counsel), for plaintiffs.

Lewis, Marks & Kanter, of Brooklyn, for defendants.

CONGER, District Judge.

Defendants move (1), under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order dismissing the action upon the ground that the complaint fails to state a claim upon which relief can be granted; (2) under Rule 56(b), for summary judgment upon the ground that the claim alleged in the complaint has been released by two instruments in writing. In the alternative, defendants move under Rule 12(e) for...

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