BERNARDO v. BETHLEHEM STEEL CO.


169 F.Supp. 914 (1959)

Lawrence BERNARDO, Plaintiff, v. BETHLEHEM STEEL CO., Defendant.

United States District Court S. D. New York.

January 21, 1959.


Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff, Irwin Asofsky, New York City, Lawrence Levitt, Kew Gardens, N. Y., of counsel.

Mendes & Mount, New York City, for defendant, Frank A. Bull, New York City, of counsel.


FREDERICK van PELT BRYAN, District Judge.

Defendant moves to dismiss the complaint pursuant to Rule 12(b) (1) and (6), F.R.Civ.P., 28 U.S.C., for lack of jurisdiction of the subject matter, and for failure to state a claim upon which relief can be granted. It moves in the alternative for summary judgment under Rule 56(b).

Plaintiff sues for personal injuries suffered while he was employed by defendant allegedly "in the performance of work traditionally performed...

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