BEAN v. STODDARD


2 F.2d 62 (1923)

BEAN v. STODDARD, State Superintendent of Insurance, et al.

District Court, N. D. New York.

June 1, 1923.


Attorney(s) appearing for the Case

Louis L. Babcock, of Buffalo, N. Y., for complainant.

Carl Sherman, Atty. Gen. of New York, and Michael J. Montesano and Clarence C. Fowler, Deputy Attys. Gen. of New York, appearing specially for People of State of New York and Francis R. Stoddard, Jr.


HAZEL, District Judge (sitting during absence from district of Judge Cooper).

This is a motion on behalf of defendant, appearing specially, to dismiss the bill of complaint and set aside the service of the subpœna herein. The defendant, as superintendent of insurance of the state of New York, has filed suggestions embodying the principal grounds questioning the jurisdiction of this court; their basis being that the suit in equity is against the sovereign state...

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