BRAMBIR v. CUNARD WHITE STAR LIMITED


37 F.Supp. 906 (1940)

BRAMBIR v. CUNARD WHITE STAR LIMITED.

District Court, S. D. New York.

December 19, 1940.


Attorney(s) appearing for the Case

Lesser & Lesser, of New York City, for plaintiff.

Lord, Day & Lord, of New York City (William J. Brennan, of New York City, of counsel), for defendant.


MANDELBAUM, District Judge.

Defendant has moved under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order dismissing the complaint on the ground that the facts alleged in the complaint are insufficient to constitute a cause of action against defendant.

The gravamen of the complaint is an alleged unlawful interference with and violation of the plaintiff's right to accord her deceased husband a decent burial...

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