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PIONEER IMPORT CORPORATION v. ROGERS

190 F.Supp. 529 (1960)

PIONEER IMPORT CORPORATION, Werner C. Von Clemm and Rayford W. Allen, Trustee, co-partners under the name of Bridge Import Co., a co-partnership, and Werner C. Von Clemm, individually, Plaintiffs, v. William P. ROGERS, Attorney General of the United States, and Ivy Baker Priest, Treasurer of the United States, Defendants.

United States District Court S. D. New York.

December 22, 1960.

Attorney(s) appearing for the Case

Alexander Kahan, New York City, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendants. Herbert F. Roth, Asst. U. S. Atty., Astoria, N. Y., of counsel.

McGOHEY, District Judge.

The defendant before answer in this suit, brought under section 9(a) of the Trading With the Enemy Act,1 moves pursuant to Rule 21 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to "dismiss" Pioneer Corporation as a party plaintiff; and under Rule 12(b) to dismiss one of the pleaded claims for "lack of jurisdiction."

The complaint names three plaintiffs: Pioneer Import Corporation, Werner Von Clemm...

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