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B. M. HEEDE, INC. v. WEST INDIA MACHINERY AND SUPPLY CO.

No. 67 Civ. 989.

272 F.Supp. 236 (1967)

B. M. HEEDE, INC., Plaintiff, v. WEST INDIA MACHINERY AND SUPPLY CO., Defendant.

United States District Court S. D. New York.

June 23, 1967.

Attorney(s) appearing for the Case

Parker, Duryee, Zunino, Malone & Carter, New York City, Thomas F. Tivnan, New York City, of counsel, for plaintiff.

Baker & McKenzie, Samuel Becker, New York City, for defendant.

OPINION

TENNEY, District Judge.

Defendant moves herein for an order of this Court: (a) pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure dismissing this action on the ground that it involves questions of the construction, effect and validity under the Constitution of the United States of the so-called "Dealer Law" of Puerto Rico, 10 L.P.R.A. § 278a, which this Court should abstain from deciding; (b) dismissing or staying this action on...

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