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APPLEGATE v. WATERFRONT COM'N OF NEW YORK HARBOR

129 F.Supp. 71 (1955)

John APPLEGATE, Plaintiff, v. WATERFRONT COMMISSION OF NEW YORK HARBOR, George Price Hays and Edward C. Rose, as Commissioners for the States of New York and New Jersey respectively, of the Waterfront Commission of New York Harbor, Defendants.

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

February 15, 1955.

Attorney(s) appearing for the Case

Henry A. Lowenberg, New York City, for plaintiff.

Irving Slonim, New York City, Whitman Knapp, New York City, of counsel, for defendant.

BICKS, District Judge.

Defendants move pursuant to Rule 12, Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the grounds that it fails to allege any basis for federal jurisdiction and to state a claim upon which relief can be granted.

The complaint refers to the Waterfront Commission Acts enacted by the states of New York and New Jersey, McK.Unconsol.Laws N.Y. § 6700-aa et seq., N.J.S.A. 32:23-1 et seq., and the consent of Congress...

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