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FIELD v. UNITED STATES

No. 67 Civ. 1723.

340 F.Supp. 175 (1972)

Fred R. FIELD, Jr., individually and as President of the New York District Council of the International Longshoremen's Association, Executive Offices of Local 856, and on behalf of all longshoremen, seamen, and citizens whose rights are involved and/or have an interest in the establishment of a World Trade Center in the downtown area of the Borough of Manhattan, City and State of New York, Plaintiff, v. UNITED STATES of America et al., Defendants.

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

March 28, 1972.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendant United States by Joseph D. Danas, Asst. U. S. Atty., of counsel.

Sidney Goldstein, New York City, Gen. Counsel, for defendant, Port of New York Authority by Joseph Lesser, Isobel E. Muirhead, John Graubard, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, for defendant, The City of New York by Joachim Titolo, Donald E. Biedeman, Alan Brutten, Asst. Corp. Counsel, New York City, of counsel.

OPINION

BAUMAN, District Judge.

Defendants United States of America and Port of New York Authority have moved separately pursuant to Rules 12 (b) (1) and 12(b) (6) of the Federal Rules of Civil Procedure to dismiss this action for lack of jurisdiction over the subject matter and failure to state a claim upon which relief can be granted. Defendant City of New York has joined in the motions. For the reasons stated below the motions of all defendants will be...

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