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KIBBE v. CITY OF ROCHESTER

57 F.2d 542 (1932)

KIBBE et al. v. CITY OF ROCHESTER.

District Court, W. D. New York.

March 23, 1932.

Attorney(s) appearing for the Case

Joseph A. Shay, of New York City, and Philip Leichtentritt and Carlton Fisher, both of Buffalo, N. Y. (Donovan & Raichle, of Buffalo, N. Y., of counsel), for plaintiffs.

Clarence M. Platt, Corp. Counsel, of Rochester, N. Y. (George B. Draper, of Rochester, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

This is the return of a motion by defendant for judgment on the pleadings, on the ground that the complaint does not state a cause of action.

The motion is made under section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice of the state of New York. These provide that the court may, on motion, give judgment at any stage of an action, if warranted by the pleadings. A question of law only can be determined on...

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