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UNITED STATES v. COMMUNIST PARTY OF UNITED STATES

209 F.Supp. 132 (1962)

UNITED STATES of America, Plaintiff, v. COMMUNIST PARTY OF the UNITED STATES OF AMERICA, Gus Hall as the General Secretary of the Communist Party of the United States of America, Benjamin F. Davis as the National Secretary of the Communist Party of the United States of America, Elizabeth Gurley Flynn as the Chairman or President of the Communist Party of the United States of America, Philip Bart as the Organizational Secretary of the Communist Party of the United States of America, or any other authorized officer of the Communist Party of the United States of America, Defendants.

United States District Court S. D. New York.

September 17, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York (Clarence M. Dunnaville, Jr., Asst. U. S. Atty., of counsel), for plaintiff.

John J. Abt, New York City, for defendants.

CROAKE, District Judge.

The individual defendants move for an order pursuant to Rule 21 of the Federal Rules of Civil Procedure, 28 U.S.C.A. dropping GUS HALL, BENJAMIN J. DAVIS, ELIZABETH GURLEY FLYNN and PHILIP BART as parties defendant to this action on the ground that the complaint fails to state a claim on which relief can be granted against them, and for a further order pursuant to Rule 12(f) to strike paragraphs...

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