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ATWATER v. NORTH AMERICAN COAL CORPORATION

36 F.Supp. 975 (1940)

ATWATER v. NORTH AMERICAN COAL CORPORATION et al.

District Court, S. D. New York.

November 19, 1940.

Attorney(s) appearing for the Case

Henry S. Miller, of New York City, for plaintiff.

Hodges, Reavis, Pantaleoni & Downey, of New York City (C. Frank Reavis and Martin D. Jacobs, both of New York City, of counsel), for defendants.

CONGER, District Judge.

This is a motion by the defendant corporation (1) to dismiss the first count of the second amended complaint on the ground that it fails to state a claim on which relief can be granted; (2) to dismiss the second, third and fourth counts on the same ground and on the further ground that the Estate of Frank E. Taplin, deceased, is an indispensable party without which the court cannot proceed to judgment.

Defendants Edith S. Taplin and...

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