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ZEIDNER v. WULFORST

No. 61-C-172.

197 F.Supp. 23 (1961)

Julius ZEIDNER and Esther Zeidner, Plaintiffs, v. Patricia Ann WULFORST, Marion R. Wulforst, Joseph J. Wulforst, and New York State Thruway Authority, a public corp., Defendants.

United States District Court E. D. New York.

July 14, 1961.

Attorney(s) appearing for the Case

Donald A. Gerson, New York City, Leon S. Wolk, Cliffside Park, N. J., of counsel, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., Joseph A. Romano, Arthur W. Mattson, Asst. Attys. Gen., of counsel, for defendant New York State Thruway Authority.

BARTELS, District Judge.

Motion by defendant New York State Thruway Authority (herein "Authority") to dismiss plaintiffs' complaint on the grounds that it fails to state a claim upon which relief can be granted (Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A.) and that the action is actually one against the State of New York, which has not consented to be sued except in the New York Court of Claims, and that consequently the action is barred by the Eleventh Amendment...

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