BYERS, District Judge.
Motion to dismiss the pleading filed by the plaintiffs herein, which, by them, is called a petition, and in the notice of motion is called the complaint, upon the ground that the same fails to state facts which constitute a cause of action.
No answer has been filed, and the motion therefore presents, in effect, a demurrer, now provided for in the New York state practice by a motion for judgment on the pleadings when no issue of fact...
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