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APPEL v. LEVINE

85 F.Supp. 240 (1948)

APPEL v. LEVINE et al.

United States District Court S. D. New York.

November 11, 1948.

Attorney(s) appearing for the Case

Jac M. Wolff, New York City, for plaintiff.

Glatzer, Glatzer & Diamond, New York City (Harold Glatzer, New York City, of counsel), for defendants Gordon B. Todd and Edgar B. Hunt.

COXE, District Judge.

This is a motion by defendants Todd and Hunt, members of the stock brokerage firm of Gordon B. Todd & Co., for an order (1) dismissing the action, pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that the complaint fails to state a claim upon which relief can be granted; (2) striking out the complaint, pursuant to Rule 8(e) (1), because its averments are not concise, simple and direct; or, in...

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