FIRST CONGREGATIONAL CHURCH v. EVANGELICAL & R. CH.


160 F.Supp. 651 (1958)

FIRST CONGREGATIONAL CHURCH AND SOCIETY OF BURLINGTON, IOWA, First Congregational Church of Pontiac, Michigan, First Congregational Church of Wauwatosa, Wisconsin, Mayfair Congregational Church of Toledo, Ohio, Malcolm K. Burton, Bruce H. Masselink, Angus MacDonald, Harry R. Butman, Gladys T. Kennedy, Norman S. McKendrick, Roy W. Abel, Richard H. Plock, John G. Pryor and Frederick Grabow, suing on behalf of themselves and all others similarly situated, Plaintiffs, v. EVANGELICAL AND REFORMED CHURCH, John T. Beach, as Treasurer and a member of The General Council of the Congregational Christian Churches of the United States, The Board of Home Missions of the Congregational and Christian Churches, The American Missionary Association, The Congregational Home Missionary Society, The Congregational Church Building Society, The Congregational Sunday School Extension Society, The Congregational Board of Ministerial Relief, Congregational Education Society, Congregational Publishing Society, The Annuity Fund for Congregational Ministers, Retirement Fund for Lay Workers, The Corporation for the General Council of the Congregational Christian Churches of the United States, and American Board of Commissioners for Foreign Missions, Defendants.

United States District Court S. D. New York.

March 28, 1958.


Attorney(s) appearing for the Case

Davies, Hardy & Schenck, New York City, McCobb, Heaney & Dunn, Grand Rapids, Mich., for plaintiffs. Kenneth W. Greenawalt, New York City, Robert C. C. Heaney, Grand Rapids, Mich., Thomas T. Adams, New York City, of counsel.

Wood, Werner, France & Tully, New York City, for defendants other than Evangelical and Reformed Church and American Board of Commissioners for Foreign Missions. Charles H. Tuttle, Loren N. Wood, Loren T. Wood, Stuart H. Johnson, Jr., New York City, of counsel.

Mudge, Stern, Baldwin & Todd, New York City, John W. Mueller, St. Louis, Mo., for defendant Evangelical and Reformed Church. Paul D. Miller, Bernard Nemtzow, New York City, of counsel.

Goldstein, Judd & Gurfein, New York City, for defendant American Board of Commissioners for Foreign Missions. Orrin G. Judd, Theodore Miller, New York City, of counsel.


DAWSON, District Judge.

These are three motions brought by defendants in the above-entitled action.

1. Defendant General Council of the Congregational Christian Churches and defendants Congregational boards, corporations and funds move to dismiss the complaint under Rules 12 and 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. on the grounds that this Court lacks jurisdiction or that its jurisdiction has been improperly contrived, and on grounds of...

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