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WEBER v. C.M.P. CORPORATION

242 F.Supp. 321 (1965)

Shirley WEBER, Lena Lermsider, Ira Schrager, Seymour Zaldin and Harriet Zaldin, Plaintiffs, v. C.M.P. CORPORATION, Fred M. Stewart, Joseph J. Flannery, James B. Staley, Joseph E. Sheehan, Myron A. Lomasney and Myron A. Lomasney & Co., Defendants.

United States District Court S. D. New York.

June 2, 1965.

Attorney(s) appearing for the Case

Poletti, Freidin, Prashker, Feldman & Gartner, New York City, for plaintiffs. Lawrence H. Reilly, Paul R. Frank, New York City, of counsel.

Leonard E. Russack, New York City, Stephen L. Bernstein, New York City, of counsel, for defendants C. M. P. Corp., Joseph J. Flannery and James B. Staley.

WYATT, District Judge.

This is a motion by defendants C. M. P. Corporation (CMP), Flannery and Staley for orders granting the following relief:

(1) dismissing the first, second and third counts (styled in the complaint and in the motion as "causes of action") for failure to state a claim upon which relief can be granted (Fed. R.Civ.P. 12(b) (6)); (2) dismissing the third, fourth and sixth counts for lack of jurisdiction over the subject matter ...

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