AMERICAN MFRS. MUT. INS. CO. v. AMERICAN BROADCASTING, ETC.


221 F.Supp. 848 (1963)

AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, American Motorists Insurance Company, Federal Mutual Insurance Company and Lumbermens Mutual Casualty Company, Plaintiffs, v. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Defendant.

United States District Court S. D. New York.

August 14, 1963.


Attorney(s) appearing for the Case

Lord, Day & Lord, New York City, for plaintiffs.

Hawkins, Delafield & Wood, New York City, for defendant.


COOPER, District Judge.

This is a motion by defendant pursuant to F.R.Civ.P. 12(b) (6) to dismiss the complaint for failure to state a claim upon which relief can be granted, or in the alternative that certain paragraphs of the complaint and certain sections of the prayer for relief be stricken pursuant to Rule 12(f).

As to Rule 12(b) (6): For purposes of such a motion, all the material allegations in the complaint are deemed true. Further, in determining...

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