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OLDHAM v. McROBERTS

37 Misc.2d 979 (1962)

Frank B. Oldham et al., Plaintiffs, v. H. Theodore McRoberts et al., Defendants.

Supreme Court, Erie County.

September 13, 1962

Attorney(s) appearing for the Case

Joslin & Joslin (Norman E. Joslin of counsel), for H. Theodore McRoberts, defendant. Gunderman, Barone, Wende & Piazza (Harry E. Lorenzo of counsel), for plaintiffs.

WILLIAM B. LAWLESS, J.

Defendant, H. Theodore McRoberts, moves for judgment on the pleadings dismissing the complaint herein pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that the complaint fails to state facts necessary to constitute a cause of action.

This action was commenced in this court in April, 1954. There are three separate causes of action pleaded. The first is brought by various stockholders of the...

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