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UNITED STATES v. FARINA

Civ. No. 124-57.

153 F.Supp. 819 (1957)

UNITED STATES of America, Plaintiff, v. Caroline G. FARINA and American Fireworks Company, Inc., Defendants.

United States District Court D. New Jersey.

July 19, 1957.

Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., by Charles H. Nugent, Asst. U. S. Atty., Newark, N. J., for plaintiff.

Archer, Greiner, Hunter & Read, Camden, N. J., by James Hunter, III, Camden, N. J., for defendants.

MADDEN, District Judge.

This is a motion by the defendants to dismiss the complaint for failure to state a claim upon which relief can be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A.1 Upon a motion of this nature the Court is only justified in dismissing a complaint for legal insufficiency when, "it appears to a certainty that the plaintiff would not be entitled to relief under any state of facts which...

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