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LIAN BROS. v. UNITED STATES

123 F.Supp. 20 (1954)

LIAN BROS. v. UNITED STATES.

United States District Court S. D. New York.

August 20, 1954.

Attorney(s) appearing for the Case

Kenneth Carroad, New York City, for plaintiff; Theodore Proff, New York City, of counsel.

J. Edward Lumbard, Jr., U. S. Atty., for the Southern Dist. of New York, New York City, for defendant; Milton E. Lacina, Asst. U. S. Atty., New York City, of counsel.

DAWSON, District Judge.

Defendant moves, after issue has been joined, to dismiss the amended complaint on the grounds that: (1) the Court lacks jurisdiction over the subject matter of the action because of the running of the Statute of Limitations; (2) the complaint fails to state a claim against the defendant upon which relief can be granted; and (3) because of the failure to state a claim against the defendant upon which relief can be granted, the Court lacks jurisdiction...

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