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ELWOOD v. CITY OF NEW YORK

No. 62 Civ. 2562.

271 F.Supp. 62 (1967)

George ELWOOD, Administrator of the Estate of Beatrice A. Van Loan, Plaintiff, v. CITY OF NEW YORK, Defendant.

United States District Court S. D. New York.

June 20, 1967.

Attorney(s) appearing for the Case

Louis B. Scheinman, Woodbourne, N. Y., for plaintiff.

J. Lee Rankin, Corporation Counsel of City of New York, Kingston, N. Y., for defendant; George Newman, New York City, Theodore R. Lee, Francis T. Murray, Kingston, N. Y., of counsel.

MEMORANDUM

BONSAL, District Judge.

Plaintiff moves pursuant to Rule 12 (c), F.R.Civ.P., for judgment on the pleadings in the above entitled action and pursuant to Rule 56(c) for summary judgment. Defendant moves pursuant to Rule 12(b) to dismiss the action for failure to state a claim upon which relief can be granted, and for lack of jurisdiction because there is no diversity of citizenship and the amount in controversy...

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