NEUMANN v. FAULTLESS CLOTHING CO.


27 F.Supp. 810 (1939)

NEUMANN v. FAULTLESS CLOTHING CO., Inc.

District Court, S. D. New York.

May 4, 1939.


Attorney(s) appearing for the Case

Levien, Singer & Neuburger, of New York City (J. Lincoln Morris, of New York City, of counsel), for plaintiff.

Shaine & Weinrib, of New York City (Kalman I. Nulman, of New York City, of counsel), for defendant.


CONGER, District Judge.

This is an application to dismiss the complaint on the ground that the same does not state facts sufficient to constitute a cause of action.

The plaintiff contends that this application cannot be made at this time because previously in this Court the defendant made another application to dismiss the complaint because there was another action pending, which application was denied by Judge Hulbert, and an order denying the said motion...

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