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MURRAY v. AMERICAN EXPORT LINES

53 F.Supp. 861 (1943)

MURRAY v. AMERICAN EXPORT LINES, Inc.

District Court, S. D. New York.

December 10, 1943.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City, for plaintiff.

Haight, Griffin, Deming & Gardner, of New York City (Kenneth Gardner and Arthur O. Louis, both of New York City, of counsel) for defendant.

Silas B. Axtell, of New York City, amicus curiae.

LEIBELL, District Judge.

Defendant moves, with a supporting affidavit, for an order dismissing the complaint on the ground that it fails to state a claim upon which relief can be granted. Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. It is a "speaking motion", akin to a speaking demurrer, but recognized as legitimate in Cohen v. American Window Glass Co., 2 Cir., 126 F.2d 111, and Samara v. United...

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