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FELSON v. MILLER

No. 84 CV 4105.

674 F.Supp. 975 (1987)

Maxwell D. FELSON, Plaintiff, v. Walter A. MILLER, Defendant.

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

November 23, 1987.

Attorney(s) appearing for the Case

Cole, Schotz, Bernstein, Meisel & Forman (Thomas J. LaContept, of counsel), Hackensack, N.J., for plaintiff.

Bigham, Engle, Jones, Houston (Peter Broeman, of counsel), New York City, for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

In this action based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), defendant moves to dismiss the Complaint on the grounds that it fails to state a claim upon which relief can be granted and that plaintiff does not have standing or capacity to sue. Fed.R.Civ.P. 12(b)(6), 17. For the reasons discussed below, the Court construes the motion to dismiss for lack of capacity as a motion to dismiss for...

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