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RASOULZADEH v. ASSOCIATED PRESS

No. 80 Civ. 6335-CSH.

574 F.Supp. 854 (1983)

Sarieh RASOULZADEH and Parviz Raein, Plaintiffs, v. The ASSOCIATED PRESS, Defendant.

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

October 31, 1983.

Attorney(s) appearing for the Case

John A. Guzzetta & Associates, New York City, for plaintiff; John A. Guzzetta, Stuart J. Beck, Julie F. Sullivan, New York City, of counsel.

Rogers & Wells, New York City, for defendant; William H. Mulligan, Jr., Bruce E. Braverman, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant Associated Press ("AP") moves pursuant to Rule 12(b)(6), F.R. Civ.P., to dismiss this action for failure to state a claim upon which relief can be granted, and alternatively on grounds of forum non conveniens. Its major argument is that the case is non-justiciable under the "act of state" doctrine. AP's motion under Rule 12(b)(6) assumes the truth of plaintiffs' allegations, which may...

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