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LIQUIFIN AKTIENGESELLSCHAFT v. BRENNAN

No. 74 Civ. 767 (JMC).

383 F.Supp. 978 (1974)

LIQUIFIN AKTIENGESELLSCHAFT, Plaintiff, v. Joseph P. BRENNAN, Individually, and as City Sheriff of the City of New York, and the City of New York, Defendants.

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

October 29, 1974.

Attorney(s) appearing for the Case

Donald J. Zoeller, New York City (Mudge, Rose, Guthrie & Alexander, John J. Witmeyer III, John B. Sherman and William P. Laino, New York City, of counsel), for plaintiff.

Edward J. Mallon, Philip Agree, Elliot Tunis, New York City (Adrian P. Burke, Corp. counsel, New York City), for defendant The City of New York.

Frederick Weinberger, New York City, for defendant Joseph P. Brennan.

MEMORANDUM DECISION

CANNELLA, District Judge:

The defendants herein, Joseph P. Brennan (City Sheriff of the City of New York) and The City of New York, move this Court pursuant to Rule 12(b) of the Fed.R.Civ.P. to dismiss plaintiff's complaint, or in the alternative, to decline or postpone the exercise of jurisdiction over the instant matter. Three grounds for such relief are urged upon the Court: (1) that the doctrine of abstention so requires; (2) that...

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