MAY v. FINN

Civ. No. 61-C-618.

200 F.Supp. 246 (1961)

George MAY, Plaintiff, v. Genevieve E. FINN, as Executrix of the Estate of Edgar M. Hill, Jr., deceased, Defendant.

United States District Court E. D. New York.

December 19, 1961.


Attorney(s) appearing for the Case

Parisi & Louison, by Leo Louison, Brooklyn, N. Y., for defendant, in support of motion.

Walter H. Pickett, Brooklyn, N. Y., for plaintiff, in opposition.


RAYFIEL, District Judge.

The defendant moves to dismiss the complaint herein on three grounds:

1. That the Court lacks jurisdiction to determine the issues raised by the pleadings.

2. That the complaint fails to state a claim upon which relief can be granted.

3. That the complaint fails to join indispensable parties.

Both the plaintiff and the defendant have submitted affidavits which include matters outside the complaint. Hence, pursuant...

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