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RODGERS v. O'CONNELL

34 Misc.2d 62 (1962)

John W. Rodgers, Plaintiff, v. Joseph O'Connell, Individually and as President of Beer Driver's Union, Local 323, International Brotherhood of Teamsters, et al., Defendants.

Supreme Court, Special Term, Bronx County.

February 21, 1962

Attorney(s) appearing for the Case

Philip C. Schiffman for plaintiff. I. Philip Sipser and Richard A. Weinmann for defendants.

NATHANIEL T. HELMAN, J.

This is a motion under rules 106 and 107 of the Rules of Civil Practice to dismiss the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action, and on the grounds that the court does not have jurisdiction of the subject of the action.

The complaint alleges three causes of action; the first cause alleges that plaintiff was laid...

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