WESTMORELAND ASBESTOS CO. v. JOHNS-MANVILLE CORP.


30 F.Supp. 389 (1939)

WESTMORELAND ASBESTOS CO., Inc. et al. v. JOHNS-MANVILLE CORPORATION et al.

District Court, S. D. New York.

December 6, 1939.


Attorney(s) appearing for the Case

Weissberger & Leichter, of New York City, for plaintiffs.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for defendants.


MANDELBAUM, District Judge.

The relief sought by the defendants is divided up into four sections. The court will consider each separately.

Section 1.

The defendants move pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint as to the plaintiffs, W. G. Kuehn, Inc., and William G. Kuehn individually on the ground that each plaintiff fails to state a claim upon which relief can...

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