ZUCKER v. VOGT

Civ. No. 8818.

200 F.Supp. 340 (1961)

Lillian ZUCKER, Admx., Estate of Marvin Jerome Zucker, v. Hugo VOGT, d/b/a Hugo's Restaurant.

United States District Court D. Connecticut.

December 19, 1961.


Attorney(s) appearing for the Case

Shiff & Shiff, by Philip R. Shiff, New Haven, Conn., for plaintiff.

Bernard Glazer, Stamford, Conn., for defendant.


BLUMENFELD, District Judge.

Ruling On Motion To Dismiss

The question raised by the defendant's motion to dismiss is whether the plaintiff has stated a claim upon which relief can be granted. Rule 12(b) (6) F.R. Civ.P., 28 U.S.C.A. For the purposes of this motion, the allegations, as set forth below, must be taken as true. Schustack v. Herren, (D.C.S.D.N.Y.1955), 136 F.Supp. 850.

The defendant in violation of...

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