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LEWIS v. McGRAW

No. 79 Civ. 0552.

495 F.Supp. 27 (1979)

Harry LEWIS, Alfred B. Reiss, Carola Gruen, as Executrix of the estate of her late husband, Theodore Gruen, Ira Barmak and Colonial Securities Corporation, Plaintiffs, v. Harold W. McGRAW, Jr., John L. McGraw, Daniel F. Crowley, Peter O. Lawson-Johnston, Kay K. Mazuy, William J. McGill, Gordon W. McKinley, Alan J. Pifer, Louis Putze, Howard S. Tuthill, James E. Webb, Vernon R. Alden, George R. Webster and McGraw-Hill, Inc., Defendants.

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

November 30, 1979.

Attorney(s) appearing for the Case

Kass, Goodkin, Wechsler & Labaton by Stuart D. Wechsler, Robert I. Harwood, Mordecai Rosenfeld, New York City, lead counsel for plaintiffs.

Wachtell, Lipton, Rosen & Katz by Herbert M. Wachtell, Douglas S. Liebhafsky, Theodore N. Mirvis, New York City, for defendants.

MEMORANDUM OPINION

MOTLEY, District Judge.

Defendants in this action have moved for an order, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing the complaint for lack of jurisdiction over the subject matter and/or for failure of the federal claims alleged to state a claim upon which relief can be granted. Defendants also have moved, in the alternative, for an order staying the action pending disposition of parallel...

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