SANTOS v. GALLIN


108 F.Supp. 831 (1952)

SANTOS v. GALLIN et al.

United States District Court S. D. New York.

November 3, 1952.


Attorney(s) appearing for the Case

Henry Creidy, New York City, for plaintiff.

Aaron D. Kaufman, New York City, for defendants.


SUGARMAN, District Judge.

Plaintiff sues defendants for libel. This is a motion "for an order dismissing the complaint herein upon the grounds that it fails to state a cause of action". It will be deemed one to dismiss the complaint for failure to state a claim upon which relief can be granted under Fed.Rules Civ.Proc. rule 12(b)(6), 28 U.S.C.A.

For the purposes of such a motion, the well pleaded material allegations of the complaint are taken as admitted...

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