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ROJAS v. ALEXANDER'S DEPT. STORE, INC.

No. 86 C 0956.

654 F.Supp. 856 (1986)

Fernando ROJAS and Petrucia Rojas, Plaintiffs, v. ALEXANDER'S DEPARTMENT STORE, INC., Defendant.

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

December 30, 1986.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for plaintiffs.

White, Fleischner & Fino (John Mulcahy, of counsel), New York City, for defendant.

NICKERSON, District Judge.

Plaintiffs brought this action under 42 U.S.C. § 1983 alleging that defendant through agents acting as police officers wrongfully arrested plaintiff Fernando Rojas in the presence of plaintiff Petrucia Rojas, all in violation of their constitutional rights.

Defendant Alexander's Department Store (Alexander's) moves for an order (a) dismissing the complaint for lack of subject matter jurisdiction and for failure to state a claim...

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