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BOND v. HARRIS

239 F.Supp. 427 (1964)

Angle BOND, Gene Hull, Ben Cutler, Jackie Kahner, Joseph Carroll, Charles Peterson, Ralph Flanagan, George Auld, and Morty Levitt, Plaintiffs, v. Clyde HARRIS as Chairman of Hotelmen's Committee for Hotel Users of Music, Hotel Association of New York City, Inc., H. H. Gerstein as Chairman of the Restaurant League of New York Committee for Restaurant Users of Music, Restaurant League of New York, Inc., Oscar Goodstein, and Benjamin Harriman, Defendants.

United States District Court S. D. New York.

October 23, 1964.

Attorney(s) appearing for the Case

Drechsler & Leff, New York City, Sidney Orenstein and Bernard Ferster, New York City, of counsel, for defendants.

Godfrey P. Schmidt, New York City, for plaintiffs.

MacMAHON, District Judge.

Defendants move to dismiss the complaint. The allegations of the challenged complaint are summarized in Judge Bonsal's opinion denying an earlier application for a preliminary injunction in this action, 228 F.Supp. 265 (S.D.N.Y. 1964), and there is no need to repeat the alleged facts here.

Plaintiffs enumerate two "causes of action" which, under Rule 10(b) of the Federal Rules of Civil Procedure...

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