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WESTLAB, INC. v. FREEDOMLAND, INC.

198 F.Supp. 701 (1961)

WESTLAB INC., Plaintiff, v. FREEDOMLAND, INC., Local 3, International Brotherhood of Electrical Workers, and Sound Systems, Inc., Defendants.

United States District Court S. D. New York.

July 5, 1961.

Attorney(s) appearing for the Case

Borden & Ball, New York City, for plaintiff. Arnold M. Patent, Flushing, N. Y., of counsel.

Harold Stern, New York City, for defendant Local 3. Harold Stern, Norman Rothfeld, New York City, of counsel.

M. Carl Levine, Morgulas & Foreman, New York City, for defendant Sound Systems, Inc.

LEVET, District Judge.

The defendant Local 3, International Brotherhood of Electrical Workers (hereinafter "Local 3"), moves, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the instant complaint on the grounds that this court lacks jurisdiction of the subject matter of the action and that the complaint fails to state a claim upon which relief can be granted.

Defendant Sound Systems, Inc. also moves to dismiss the complaint...

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