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FRANK v. GETTY

29 Misc.2d 115 (1961)

Fanny B. Frank, Plaintiff, v. George F. Getty II et al., Defendants.

Supreme Court, Special Term, New York County.

March 22, 1961

Attorney(s) appearing for the Case

John D. Munger for Tidewater Oil Company, defendant. Wolf Popper Ross Wolf & Jones (Benedict Wolf and Harvey Greenfield of counsel), for plaintiff. Hecht, Hadfield, Farback & McAlpin (C. Lansing Hays, Jr., and Archibald E. King, Jr., of counsel), for Barnabas B. Hadfield and another, defendants. Cravath, Swaine & Moore (Allen F. Maulsby and John W. Barnum of counsel), for John M. Schiff, defendant.

THOMAS A. AURELIO, J.

Defendant Tidewater Oil Company and three of the defendant directors move, pursuant to subdivision 1 of rule 106 and subdivision 1 of rule 107 of the Rules of Civil Practice, for judgment dismissing the complaint upon the ground that it appears by the affidavits and upon the face of the complaint that the court has no jurisdiction of the subject of the action. Defendant Tidewater Oil Company is a Delaware corporation. The basic charge...

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