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PEOPLE OF STATE OF N. Y. v. 11 CORNWELL CO.

No. CV 80-2139.

508 F.Supp. 273 (1981)

PEOPLE OF the STATE OF NEW YORK et al., Plaintiffs, v. 11 CORNWELL COMPANY et al., Defendants.

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

February 18, 1981.

Attorney(s) appearing for the Case

Peter Bienstock, New York City, for plaintiffs.

Robert G. Morvillo, Obermaier, Morvillo & Abramowitz, P. C., New York City, for defendants.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

Defendant 11 Cornwell Company moves under FRCP 12(b)(1) & 12(b)(6) to dismiss the state's complaint on two grounds: (1) for failure to state a valid claim under 42 U.S.C. § 1985(3); and (2) because the state lacks standing to assert a claim under 42 U.S.C. § 1985(3) even if the court determines that one exists. For reasons set forth below, this court concludes that the complaint does state...

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