GRAUMAN v. CITY COMPANY OF NEW YORK


31 F.Supp. 172 (1939)

GRAUMAN et al. v. CITY COMPANY OF NEW YORK, Inc., et al.

District Court, S. D. New York.

December 20, 1939.


Attorney(s) appearing for the Case

Maurice Rose, of New York City, for plaintiffs.

Max D. Steuer, of New York City, for defendant City Company of New York, Inc.

Shearman & Sterling, of New York City, for defendant National City Bank of New York.


MANDELBAUM, District Judge.

The defendants move, pursuant to Rules 8, 10, 12, and 18 of the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, (1) to dismiss the amended complaint on the grounds: (a) that whereas this is an action in equity it appears on the face of the complaint that no grounds for equitable jurisdiction or relief are alleged; and (b) that the plaintiffs have an adequate remedy at law; or in the alternative, (2) requiring the...

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