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HOLM v. SHILENSKY

No. 66 Civ. 3465.

269 F.Supp. 359 (1967)

Eleanor HOLM, Plaintiff, v. Morris SHILENSKY, Arthur Cantor, and Charles Wohlstetter, as Executors of the Estate of Billy Rose, Deceased, Defendants.

United States District Court S. D. New York.

June 12, 1967.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, Sinclair, Barfield & Louis, Miami, Fla., for plaintiff; Murray L. Lewis, New York City, of counsel.

Hays, St. John, Abramson & Heilbron, New York City, for defendants. Osmond K. Fraenkel, James R. Cherry, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant executors of the late Billy Rose for judgment on the pleadings dismissing the six causes of action pleaded in the amended complaint (Fed.R.Civ.P. 12 (c)) or in the alternative for summary judgment in their favor (Fed.R.Civ.P. 56).

The plaintiff (Eleanor) was at one time the wife of Billy.

The complaint asserts that there is diversity of citizenship. It is averred that Eleanor "resides" in Florida...

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