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RIVOLI TRUCKING CORP. v. AMERICAN EXPORT LINES

Civ. No. 18635.

167 F.Supp. 937 (1958)

RIVOLI TRUCKING CORPORATION, Plaintiff, v. AMERICAN EXPORT LINES, Inc., et al., Defendants.

United States District Court E. D. New York.

October 21, 1958.

Attorney(s) appearing for the Case

M. Maurice Graham, Brooklyn, N. Y., for plaintiff, Eugene Cobert, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendants, Bayridge Operating Co. Inc., Farrell Lines, Inc., and United States Lines. James H. Herbert, New York City, of counsel.

Herman Goldman, New York City, for defendants, American Export Lines, Inc., American President Lines, Ltd. and others, Seymour Kligler, New York City, of counsel.

ZAVATT, District Judge.

Thirty-four of the thirty-six defendants in this action have moved to dismiss the complaint on the following grounds:

1. That the action does not arise under the Constitution, laws or treaties of the United States;

2. That the Court lacks jurisdiction over the subject matter;

3. That the complaint fails to state a claim against thirty-one of the defendants who are represented by attorney, Herman Goldman;

4. That...

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