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AMERICAN MACHINE & METALS v. DE BOTHEZAT IMPELLER CO.

75 F.Supp. 421 (1947)

AMERICAN MACHINE & METALS, Inc., v. DE BOTHEZAT IMPELLER CO., Inc.

District Court, S. D. New York.

August 12, 1947.

Attorney(s) appearing for the Case

Alphonse Kenison, of New York City, for plaintiff.

Royal E. Mygatt, of New York City (Watson Washburn, of New York City, of counsel), for defendant.

BRIGHT, District Judge.

Defendant moves pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c, to dismiss on the ground that the complaint fails to state a claim upon which relief can be granted, that the court lacks jurisdiction because there is no matter in controversy between the parties, nor any which is justiciable or which exceeds $3,000 in amount exclusive of interest and costs; or, in the alternative, to strike out a...

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