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MAILER v. ZOLOTOW

No. 73 Civ. 3619 HRT.

380 F.Supp. 894 (1974)

Norman MAILER, Plaintiff, v. Maurice ZOLOTOW, Defendant.

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

July 16, 1974.

Attorney(s) appearing for the Case

Rembar, Wolf & Curtis, New York City, for plaintiff.

Seits & Shapiro, New York City, for defendant.

OPINION

TYLER, District Judge.

This is an action for declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202. Defendant Zolotow has moved to dismiss the complaint pursuant to Rule 12(b), F.R.Civ.P., on the grounds that: (1) the complaint fails to set forth the existence of an actual controversy between plaintiff and defendant of which this court has jurisdiction to grant declaratory relief; (2) the existence of a prior pending action in the...

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