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CHAIRALUCE v. STANLEY WARNER MANAGEMENT CORP.

Civ. A. No. 10079.

236 F.Supp. 385 (1964)

Marie CHAIRALUCE and George Chairaluce, Plaintiffs, v. The STANLEY WARNER MANAGEMENT CORP., the Wise Shoe Company, Inc., and Spiegel, Inc., Defendants.

United States District Court D. Connecticut.

December 18, 1964.

Attorney(s) appearing for the Case

Richard J. Parrett, Buckley & Parrett, New Haven, Conn., for plaintiffs.

Francis J. Moran, New Haven, Conn., for defendant, The Stanley Warner Management Corp.

David M. Reilly, Jr., Reilly & Peck, New Haven, Conn., for defendants, The Wise Shoe Company, Inc., and Spiegel, Inc.

ZAMPANO, District Judge.

The defendant, The Wise Shoe Company, Inc., hereinafter designated as "Wise", has moved pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order dismissing the second count of plaintiffs' amended complaint for failure to state a claim upon which relief can be granted. Specifically, the question presented is whether this cause of action against Wise, which is predicated upon breach of express and implied warranties...

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