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O'NEIL v. AMERICAN RADIATOR CO.

43 F.Supp. 543 (1942)

O'NEIL v. AMERICAN RADIATOR CO. et al.

District Court, S. D. New York.

January 7, 1942.

Attorney(s) appearing for the Case

Israel Stashin, of New York City, for plaintiff.

Sullivan & Cromwell, of New York City, (Inzer B. Wyatt, of New York City, of counsel), for defendants American Radiator Co. and American Radiator & Standard Sanitary Corporation.

BRIGHT, District Judge.

The defendants American Radiator Company and American Radiator and Standard Sanitary Corporation, individually and as successor of Excelso Products Corporation, move under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint for failure to state a claim upon which relief can be granted, the basis of the motion being that there is no showing under MacPherson v. Buick Motor Company,...

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