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MARTIN v. MEROLA

No. 74 Civ. 4453-CLB.

389 F.Supp. 323 (1975)

James MARTIN et al., Plaintiffs, v. Mario MEROLA, District Attorney, Bronx County, et al., Defendants.

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

January 23, 1975.

Attorney(s) appearing for the Case

Rothblatt, Rothblatt, Seijas & Peskin by Andrew P. Zweben, New York City, for plaintiffs.

Mario Merola, Dist. Atty., Bronx County, N.Y., by Robert M. Cohen, Asst. Dist. Atty., for defendants Merola, Darcy and Chesler.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants Merola, Darcy and Chesler have moved to dismiss the complaint herein pursuant to Rule 12(b) (6), F.R. Civ.P. for failure to state a claim. The Court has read affidavits and exhibits submitted by both sides of the litigation, and treats the motion as having been made under Rule 56.

Movants were at all relevant times, respectively, the District Attorney of Bronx County, New York, and Assistant...

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