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NIAGARA FIRE INS. CO. v. UNITED STATES

76 F.Supp. 850 (1948)

NIAGARA FIRE INS. CO. et al. v. UNITED STATES. COMMISSIONERS OF STATE INSURANCE FUND v. SAME.

District Court, S. D. New York.

March 22, 1948.

Attorney(s) appearing for the Case

Powers, Kaplan & Berger, of New York City, (George I. Gross and Robert Fishbein, both of New York City, of counsel), for plaintiffs Niagara Fire Ins. Co. and others.

Bernard Katzen, of New York City, (Harry Schechter and Arnold M. Herzog, both of New York City, of counsel), for plaintiffs Commissioners of State Insurance Fund.

John F. X. McGohey, of New York City, (Nathan Skolnik, Asst. U. S. Atty., of New York City, of counsel), for defendant.

MEDINA, District Judge.

In each of the above-entitled causes, plaintiffs move to strike defenses that the court lacks jurisdiction over the subject matter of the action; and, by cross-motion to dismiss, the United States challenges the power of the court to proceed and the sufficiency of plaintiffs' statement of their claim for relief. The cases were argued together; and it will be convenient to dispose of them together, as in each case the substantial question presented...

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