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CROSNEY v. EDWARD SMALL PRODUCTIONS

52 F.Supp. 559 (1942)

CROSNEY v. EDWARD SMALL PRODUCTIONS, Inc.

District Court, S. D. New York.

December 17, 1942.

Attorney(s) appearing for the Case

I. Gainsburg, of New York City (Samuel Gottlieb, of New York City, of counsel), for plaintiff.

Friend & Reiskind, of New York City (Arthur S. Friend and Edwin M. Reiskind, both of New York City, of counsel), for defendant.

LEIBELL, District Judge.

The defendant, Edward Small Productions, Inc., has moved under Rule 12 (b), Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, to dismiss the plaintiff's complaint herein on the ground that it fails to state a claim upon which relief can be granted.

It is alleged in the complaint, that plaintiff is administratrix c. t. a. of one Sam Bernard, deceased, under an appointment of the Surrogate's Court, New York County...

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