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WYNNE v. CODD

No. 76 Civ. 595 (CMM).

435 F.Supp. 431 (1976)

John P. WYNNE et al., Plaintiffs, v. Michael CODD, Police Commissioner of the City of New York, et al., Defendants.

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

August 6, 1976.

Attorney(s) appearing for the Case

Spiros Tsimbinos, Kew Gardens, N. Y., for plaintiffs.

W. Bernard Richland, Corp. Counsel, New York City, for defendants; H. Kenneth Wolfe, Asst. Corp. Counsel, New York City, of counsel.

METZNER, District Judge:

Defendants Michael Codd, Police Commissioner of the City of New York, Abraham D. Beame, Mayor of the City of New York, Harrison J. Goldin, Comptroller of the City of New York, and the Board of Trustees of the Police Pension Fund of the City of New York, move to dismiss the complaint pursuant to Rule 12, Fed.R.Civ.P. on grounds that the court lacks subject matter jurisdiction and that the action is barred by the statute of limitations.

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