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DELLS, INC. v. MUNDT

No. 75 Civ. 740.

400 F.Supp. 1293 (1975)

The DELLS, INC., Plaintiff, v. Paul F. MUNDT et al., Defendants.

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

September 4, 1975.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff; John D. Feerick, Kurt Koegler, Stanley A. Teitler, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants Town of Clarkstown, George Gerber, John Maloney, Anthony D'Antoni, John Lodico and Vincent Pizzutello; Edward N. Costikyan, Jonathan H. Sinnreich, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendants Town of Clarkstown, Gerber, Maloney, D'Antoni, Lodico and Pizzutello for an order dismissing the complaint (actually the amended complaint) for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b) (6)) and for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b) (1)).

Plaintiff The Dells, Inc. is a New York corporation which, since about 1949, has owned several hundred...

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