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GUADAGNO v. WALLACK ADER LEVITHAN ASSOC.

No. 95 Civ. 6141 (JSR).

932 F.Supp. 94 (1996)

Emilia GUADAGNO, Plaintiff, v. WALLACK ADER LEVITHAN ASSOC., and National Life of Vermont, Defendants.

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

July 16, 1996.

Attorney(s) appearing for the Case

Law Office of Michael Sussman, Goshen, NY, for Plaintiff.

James A. Mitchell, Stillman Friedman & Shaw, New York City, for Defendant Wallack Ader.

OPINION AND ORDER

RAKOFF, District Judge.

A motion to dismiss under Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction can raise a facial challenge based on the pleadings, or a factual challenge based on extrinsic evidence. See generally Hulsey v. Gunn, 905 F.Supp. 1067, 1069-71 (N.D.Ga.1995), and cases there cited. In the latter circumstance, the court may conduct whatever further...

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