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AMERICAN VOTING MACH. CORPORATION v. CITY OF NEW YORK

2 F.Supp. 191 (1933)

AMERICAN VOTING MACH. CORPORATION et al. v. CITY OF NEW YORK et al.

District Court, S. D. New York.

January 18, 1933.

Attorney(s) appearing for the Case

Waldo G. Morse, of New York City (Harold Greenwald and C. Campbell Hunicke, both of New York City, of counsel), opposed.

Edwards, Bower & Pool, of New York City (Alfred W. Kiddle, of New York City, of counsel), for the motion.

WOOLSEY, District Judge.

This motion is denied.

I. Under Equity Rule 29 (28 USCA § 723), I can only entertain a motion to dismiss the complaint for infirmities appearing on the face thereof or on the complaint as amplified by such bill of particulars and annexed exhibits as plaintiffs may have been ordered to file. Cf. my opinion in Ussesa Sales Company v. Josam Manufacturing Company et al., 2 F.Supp. 190, dated January...

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