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BIANCHI v. GRIFFING

No. 62 C 821.

217 F.Supp. 166 (1963)

I. William BIANCHI, Jr., and Quentin B. Sammis, Plaintiffs, v. Evans K. GRIFFING et al., Defendants.

United States District Court E. D. New York.

April 8, 1963.

Attorney(s) appearing for the Case

Frederic Block, Port Jefferson Station, N. Y., and Cahn & Cahn, Huntington, N. Y., Frederic Block, Port Jefferson Station, N. Y., Richard C. Cahn, Huntington, N. Y., of counsel, for plaintiffs.

George W. Percy, Jr., Suffolk County Atty., Stanley S. Corwin, Greenport, N. Y., of counsel, for defendants.

BRUCHHAUSEN, District Judge.

The defendants move to dismiss the complaint on the grounds that (1) no substantial federal question is raised; (2) the Court lacks jurisdiction over the subject matter; (3) the complaint fails to state a claim upon which relief can be granted; (4) the Court should abstain from exercising its equitable jurisdiction; and (5) there has been a failure to join an indispensable party.

THE COMPLAINT

The plaintiffs in their...

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