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GOLD v. MACY

No. 64-C-653.

234 F.Supp. 764 (1964)

Henry GOLD, Morton Merron et al., Plaintiffs, v. John W. MACY, Jr., L. S. Andolsek and Robert B. Hampton, as Commissioners, constituting the United States Civil Service Commission, Defendants.

United States District Court E. D. New York.

October 16, 1964.

Attorney(s) appearing for the Case

Samuel Resnicoff, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for defendants, George L. Barnett, Asst. U. S. Atty., of counsel.

BRUCHHAUSEN, District Judge.

Pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure, the defendants move for an order dismissing the complaint for lack of jurisdiction over the subject matter.

The plaintiffs cross move for summary judgment in their favor, pursuant to Rule 56(a).

THE DEFENDANTS MOTION TO DISMISS THE COMPLAINT FOR LACK OF JURISDICTION OVER THE SUBJECT MATTER

On such a motion the well pleaded facts of the complaint...

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