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SOUTHERN MUSIC PUBLISHING CO. v. C & C FILMS

171 F.Supp. 832 (1959)

SOUTHERN MUSIC PUBLISHING CO., Inc., Plaintiff, v. C & C FILMS, Inc., Defendant.

United States District Court S. D. New York.

March 26, 1959.

Attorney(s) appearing for the Case

Abeles & Bernstein, New York City, for plaintiff, Julian T. Abeles, New York City, of counsel.

Mendes & Mount, New York City, for defendant, Frank A. Bull, and William P. Moyles, New York City, of counsel.

WEINFELD, District Judge.

Defendant moves, pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the complaint on the grounds: (1) that the Court lacks jurisdiction, since the action is not one arising under the Constitution or laws of the United States (diversity of citizenship concededly does not exist), and (2) that it fails to state a claim against the defendant upon which relief can be granted.

The complaint states that...

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