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BAUMGOLD BROS., INC. v. ALLAN M. FOX CO.—EAST

No. C 71-322.

336 F.Supp. 175 (1972)

BAUMGOLD BROS., INC., et al., Plaintiffs, v. ALLAN M. FOX CO.—EAST et al., and United States of America, Defendants.

United States District Court, N. D. Ohio, E. D.

January 19, 1972.

Attorney(s) appearing for the Case

Ronald H. Isroff, Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, for plaintiffs.

Leonard B. Scharfeld, Cleveland Heights, Ohio, for defendant.

Frederick Coleman, U. S. Atty., Donald Jaffe, Asst. U. S. Atty., for the United States.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

The United States has moved for reconsideration of the Court's denial of its motion to dismiss for lack of jurisdiction. Plaintiffs allege that this Court has jurisdiction between them and defendant Allan M. Fox Company—East on the basis of diversity (28 U.S.C. § 1332) and over the United States pursuant to the Tucker Act, 28 U.S.C. § 1346(a...

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