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ELY v. DONOHO

45 F.Supp. 27 (1942)

ELY et al. v. DONOHO et al.

District Court, S. D. New York.

March 6, 1942.

Attorney(s) appearing for the Case

Herman Scheckner, of New York City, for plaintiffs.

Kelsey, Waldrop, Spalding & Parker, of New York City (Paul E. Doherty, of New York City, of counsel), for defendants, E. S. Donoho, Hoyt and Farrelly.

MANDELBAUM, District Judge.

The defendants, Edmund S. Donoho, Jenifer Hoyt and Gerald Farrelly, have moved to dismiss the complaint for failure to state a claim for which relief can be granted. Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The complaint sets forth four separate causes of action. The first three are against the defendants, Edmund S. Donoho and Murray T. Donoho for breach of contract. The fourth...

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