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COLLINS v. HUBSHMAN

27 F.Supp. 789 (1939)

COLLINS v. HUBSHMAN et al.

District Court, S. D. New York.

May 16, 1939.

Attorney(s) appearing for the Case

Robert P. Levis, of New York City, for complainant.

Joseph Dannenberg, of New York City (Julius M. Arnstein, of New York City, of counsel), for defendants.

CONGER, District Judge.

This is a motion addressed to the complaint. The defendants move to dismiss the complaint on several grounds which will be discussed in order.

The first is to dismiss the complaint upon the ground that the Court has not jurisdiction of the subject matter of the action; the second is to dismiss the complaint upon the ground that the plaintiff has not legal capacity to sue, and is not the proper party plaintiff. These will be considered...

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