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AMER. CHINA MFRS. v. CORNING GLASS

24 Misc.2d 634 (1960)

American Restaurant China Manufacturers Association, Inc., Plaintiff, v. Corning Glass Works, Defendant.

Supreme Court, Erie County.

March 31, 1960.

Attorney(s) appearing for the Case

Vaughan, Brown, Kelly, Turner & Symons (Franklin R. Brown of counsel), for defendant.

Magavern, Magavern, Lowe & Beilewech (Samuel D. Magavern of counsel), for plaintiff.

REGIS O'BRIEN, J.

The defendant seeks an order (1) dismissing the complaint on the ground that the plaintiff has not the legal capacity to commence this action, because it is a membership corporation and by reason thereof is prohibited from taking any assignment of an alleged claim and instituting suit thereon; or (2) dismissing the complaint because it appears on the face thereof not to state facts constituting a cause of action; or (3) dismissing the...

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