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BRUCE v. MARTIN

No. 87 Civ. 7737 (RWS).

724 F.Supp. 124 (1989)

Norman M. BRUCE, et al., Plaintiffs, v. Thomas A. MARTIN, et al., Defendants.

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

October 12, 1989.

Attorney(s) appearing for the Case

Beigel & Sandler, Ltd., P.C., New York City (Bruce R. Rose, of counsel), for plaintiffs.

Maider & Smith, Gloversville, N.Y. (Robert L. Maider, of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendant Lee & Mason International Agency, Inc. ("Lee & Mason") moves pursuant to Rule 12(b)(1), Fed.R.Civ.P., to dismiss the Third Amended Consolidated Complaint in Bruce v. Martin, 87 Civ. 7737, on the ground that this court lacks subject matter jurisdiction and on the further ground that there is a prior state court action pending between it and two of the Bruce plaintiffs that raises identical issues...

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