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WATTS-WAGNER CO. v. GENERAL MOTORS CORPORATION

64 F.Supp. 506 (1945)

WATTS-WAGNER CO., Inc., v. GENERAL MOTORS CORPORATION.

District Court, S. D. New York.

December 19, 1945.

Attorney(s) appearing for the Case

Irving Davis and Allan Hyman, both of New York City, for plaintiff.

John Thomas Smith, of New York City (Anthony J. Russo, of New York City, of counsel), for defendant.

CONGER, District Judge.

Defendant moves to dismiss the complaint for failure to state a claim upon which relief may be granted.

Although the answer has been served, it appears entirely proper to consider the motion. See Brown v. W. T. Grant Co., D.C., S.D.N.Y.1943, 53 F.Supp. 182; McLaughlin v. Curtis Publishing Co., D.C.S.D.N.Y.1943, 5 F.R.D. 87.

Two causes of action are alleged in the complaint. The first is...

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