OVE GUSTAVSSON CONTRACTING CO. v. FLOETE

Civ. No. 19931.

187 F.Supp. 839 (1960)

OVE GUSTAVSSON CONTRACTING CO., Inc., Plaintiff, v. Franklin G. FLOETE, as Administrator of General Services Administration, Michael Brennan, individually and as Contracting Officer of General Services Administration and William Boyd, Defendants.

United States District Court E. D. New York.

September 20, 1960.


Attorney(s) appearing for the Case

Anthony B. Cataldo, New York City, for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. of New York, Brooklyn, N. Y., for defendants. Myron Beldock, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.


ZAVATT, District Judge.

The plaintiff moves to remand the action to the New York Supreme Court, County of Queens, or in the alternative, to sever the two claims alleged in the complaint so that trial of the second claim may proceed. The defendants move to dismiss the complaint for failure to state a claim upon which relief may be granted.

The first claim is asserted against the defendants Floete and Brennan. Floete is the Administrator of the General Services...

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