M & M TRANSP. CO. v. U. S. INDUSTRIES, INC.

No. 75 Civ. 3834 (WCC).

416 F.Supp. 865 (1976)

M & M TRANSPORTATION COMPANY, Plaintiff, v. U. S. INDUSTRIES, INC. and the United States of America, Defendants.

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

May 26, 1976.


Attorney(s) appearing for the Case

Finley, Kumble, Heine, Underberg & Grutman, New York City, for plaintiff; Leon Finley, Harry Janin, L. Martin Gibbs, Herbert F. Roth, New York City, of counsel.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant U. S. Industries, Inc.; John Logan O'Donnell, Bruce E. Pindyck, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendant United States; Victor J. Zupa, Asst. U. S. Atty., New York City, of counsel.


CONNER, District Judge:

Plaintiff in the above-captioned action stakes its jurisdictional claims on the grounds of diversity and the purported existence of a federal question, coupled with an amount in controversy exceeding $10,000. Presently under consideration are defendants' motions to dismiss, pursuant to Rule 12(b)(1) and 12(b)(6) F.R.Civ.P., for absence of subject matter jurisdiction and for failure to state a claim upon which relief might be granted.

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