SIMPSON v. OIL TRANSFER CORPORATION


75 F.Supp. 819 (1948)

SIMPSON v. OIL TRANSFER CORPORATION.

District Court, N. D. New York.

January 13, 1948.


Attorney(s) appearing for the Case

Spira & Hershkowitz, of Schenectady (L. W. Spirs, of Schenectady, of counsel), for plaintiff.

Maynard & O'Connor, of Schenectady (G. W. O'Connor, of Schenectady, of counsel), for defendant.

Nathaniel L. Goldstein, Atty. Gen., of N. Y., for Francis R. Curran, of Poughkeepsie, amicus curiæ.


BRENNAN, District Judge.

Defendant moves to dismiss the complaint herein under the provisions of Federal Rules of Civil Procedure, rule 12(b) (6), 28 U.S.C.A. following section 723c. The basis of the motion is that the complaint fails to state a claim upon which relief can be granted.

The action originated in the Supreme Court of the State of New York and was removed to this Court because of the diversity of citizenship of the parties involved. It is an action...

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