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ROOSEVELT FIELD v. TOWN OF NORTH HEMPSTEAD

Civ. No. 9707.

84 F.Supp. 456 (1949)

ROOSEVELT FIELD, Inc. et al. v. TOWN OF NORTH HEMPSTEAD et al.

United States District Court E. D. New York.

May 18, 1949.

Attorney(s) appearing for the Case

Edwards, Froehlich & McDonough, Mineola, N. Y. (Francis B. Froehlich, Mineola, N. Y., of counsel), for Commissioners of Carle Place Water Dist., for the motion.

James G. Moore, Garden City, N. Y., for plaintiff, in opposition.

KENNEDY, District Judge.

This is a motion by all of the defendants, except the Town of North Hempstead, to dismiss the action on the ground that it fails to state a claim, and on the further ground that the court lacks jurisdiction in that there is no federal question involved and diversity does not appear on the face of the complaint and in fact does not exist. In the alternative the defendants move to strike from the complaint paragraphs designated 4, 12, 20 and...

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