MASSARO v. FISK RUBBER CORPORATION

No. 640 Civ. A.

36 F.Supp. 382 (1941)

MASSARO v. FISK RUBBER CORPORATION et al.

District Court, D. Massachusetts.

January 10, 1941.


Attorney(s) appearing for the Case

David J. Cohen and Edward J. Flavin, both of Boston, Mass., for plaintiff.

Phillips Ketchum, George R. Blodgett and Herrick, Smith, Donald & Farley, all of Boston, Mass., for defendant Fisk Rubber Corp.

Hale & Dorr and Grafton L. Wilson, all of Boston, Mass., for defendant U. S. Rubber Co.


BREWSTER, District Judge.

In this action defendants have filed motions to dismiss. Of the grounds specified in the motions, only two are now relied upon. They are (1) that the court should not retain jurisdiction to determine the issues raised by the complaint, and (2) that the complaint fails to state a claim upon which relief can be granted.

The argument advanced in support of the first ground is that inasmuch as the plaintiff attacks as invalid a sale of...

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