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LESER v. McGRANERY

Civ. No. 13153.

112 F.Supp. 947 (1953)

LESER v. McGRANERY, Atty. Gen. et al.

United States District Court, E. D. New York.

May 29, 1953.

Attorney(s) appearing for the Case

Samuel J. Loewenstein, New York City, for plaintiff.

Frank J. Parker, U. S. Atty., Brooklyn, N. Y., James D. Hill, Walter T. Nolte, and William P. Cochrane, Washington, D. C., for defendants, the Attorney General and Treasurer of United States.

Eugene T. O'Neill, New York City, for Equitable Life Assur. Soc.

GALSTON, District Judge.

This is a motion on behalf of defendants, McGranery and Clark, to dismiss the complaint, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

It is contended that the court has no jurisdiction over the defendant James P. McGranery, as Attorney General of the United States; that the court has no jurisdiction over the subject matter of the action, and that the complaint fails to state a claim upon which relief...

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