LEON v. REICHBACH


138 F.Supp. 449 (1955)

Felicia LEON, Henry Z. Leon and Jacques Hailpern, as Executors under the Last Will and Testament of Adolf Leon, deceased, Plaintiffs, v. Sylla REICHBACH, Defendant.

United States District Court S. D. New York.

July 11, 1955.


Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, for plaintiff.

Kreutzer, Heller, Selman, New York City, for defendant, Benjamin Heller, New York City, of counsel.


DIMOCK, District Judge.

The complaint, in one count, seeks to recover $72,000 alleged to have been received by defendant for plaintiffs' testator's account from a bank in Switzerland and, in a second count, alleges that this sum was embezzled by defendant and asks an additional $100,000 punitive and exemplary damages.

This is a motion to dismiss the action for failure to state a claim and for failure to join as indispensable parties the Secretary of the Treasury...

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