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FORBES v. GALWAY

No. 66 Civ. 3967.

266 F.Supp. 762 (1967)

Mildred FORBES, Plaintiff, v. Andrew V. GALWAY, as Executor of the Estate of Harry E. Forbes, Deceased, Defendant.

United States District Court S. D. New York.

April 5, 1967.

Attorney(s) appearing for the Case

Karpatkin, Ohrenstein & Karpatkin, New York City, for plaintiff; Marvin M. Karpatkin, New York City, and Irwin Panter, Chicago, Ill., of counsel.

Broderick, Galway & Vaccaro, New York City, for defendant; Charles S. Vaccaro and Andrew V. Galway, New York City, of counsel.

MANSFIELD, District Judge.

This is a diversity action brought by a former wife against her divorced husband's executor to recover overdue payments of alimony allegedly amounting to $36,200, plus interest, under a New Jersey divorce decree of 1949. The defendant has moved to dismiss the complaint on three grounds: (1) failure to state a claim upon which relief can be granted; (2) failure of the defendant to be designated as executor by a court of competent jurisdiction...

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