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DONOVAN v. QUEENSBORO CORPORATION

C. No. 8120.

75 F.Supp. 131 (1947)

DONOVAN v. QUEENSBORO CORPORATION et al.

District Court, E. D. New York.

November 17, 1947.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, by Charles H. Tuttle, all of New York City, for defendants, for the motion.

Clark & Reynolds, by Edward F. Clark, all of New York City, for plaintiff.

INCH, District Judge.

This is a motion to dismiss an amended complaint, pursuant to Sec. 37 of the Judicial Code, 28 U.S.C.A. § 80, and Rule 23(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and as an alternative to the above relief, the plaintiff be required pursuant to the provisions of Secs. 61-b and 64 of the General Corporation Law of the State of New York, Consol.Laws, c. 23, to give to the defendant, Garden Housing Corporation...

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