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KINOY v. MITCHELL

No. 70 Civ. 5698.

331 F.Supp. 379 (1971)

Joanne KINOY and Arthur Kinoy, Plaintiffs, v. John N. MITCHELL, individually and as Attorney General of the United States, et al., Defendants.

United States District Court, S. D. New York.

July 13, 1971.

Attorney(s) appearing for the Case

Melvin Wulf, John Lowenthal, David Scribner, New York City, Morton Stavis, Herbert O. Reid, Sr., Newark, N. J., Arthur Kinoy, Ann Garfinkle, Doris Peterson, James Reif, New York City, for plaintiffs.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendants; Daniel Riesel, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

By notice of motion dated April 26, 1971, defendants move pursuant to Fed. R.Civ.P. 12(b) (1) and (6) to dismiss the within amended complaint for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and because certain of plaintiffs' claims were previously considered and rejected by another judge of this court.

On December 10, 1970, Arthur Kinoy, one of the plaintiffs...

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