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ANDERSON v. PICTORIAL PRODUCTIONS, INC.

232 F.Supp. 181 (1964)

Victor G. ANDERSON, Plaintiff, v. PICTORIAL PRODUCTIONS, INC., Defendant.

United States District Court S. D. New York.

July 28, 1964.

Attorney(s) appearing for the Case

Reeves, Todd, Ely & Beaty, New York City, for plaintiff, William Hoppen, New York City, of counsel.

Arthur A. March, New York City, for defendant.

TYLER, District Judge.

Defendant having moved under Rule 12(b) (6), F.R.Civ.P., to dismiss the second count of this complaint upon the ground that it does not set forth a justiciable controversy, and, hence, fails to state a claim upon which relief can be granted, and both parties having submitted affidavits and other materials beyond the pleadings, this motion is treated as one for summary judgment pursuant to Rule 56, F.R.Civ.P. Since I conclude that a justiciable...

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