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CRESCI v. MUSIC PUBLISHERS HOLDING CORPORATION

210 F.Supp. 253 (1962)

Yvonne Dixon CRESCI and Estelle Dixon Jaffe, Plaintiffs, v. MUSIC PUBLISHERS HOLDING CORPORATION, Harms, Inc., M. Witmark & Sons, Remick Music Corporation and Advanced Music Corporation, Defendants.

United States District Court S. D. New York.

October 19, 1962.

Attorney(s) appearing for the Case

Gustave B. Garfield, New York City, for plaintiffs.

Joseph D. Karp, New York City, for defendants; Paul A. Baumgarten, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Defendants move pursuant to Rule 12 (h), F.R.Civ.P., to dismiss the amended complaint for lack of jurisdiction of the subject matter. Plaintiffs have cross-moved for leave to serve a further amended complaint under Rule 15(a), F.R.C.P.

In order to dispose finally of the question of subject matter jurisdiction raised by defendants' motion to dismiss, plaintiffs' cross-motion to amend further will be granted and the...

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