ROACH v. RELDAN TRADING CORPORATION

No. 329, Docket 28062.

321 F.2d 42 (1963)

Hal E. ROACH, Senior, individually, and as Trustee under a certain Declaration of Trust dated February 1, 1941, Appellant, v. RELDAN TRADING CORPORATION, Cohen-Manheimer Corp. and Benjamin C. Cohen, Appellees.

United States Court of Appeals Second Circuit.

Decided August 6, 1963.


Attorney(s) appearing for the Case

Lynne Anderson Warren, Upper Nyack, N. Y., for appellant.

Natanson & Gordon, New York City (Jay F. Gordon, New York City, of counsel), for appellees.

Before SWAN, WATERMAN and MOORE, Circuit Judges.


LEONARD P. MOORE, Circuit Judge.

This is an appeal from dismissal of plaintiff's action under Rule 12(b) (6) of Fed.R.Civ.P. The trial court dismissed the action on "the sole ground that any claims raised in this complaint or which could be pleaded on the basis of the underlying facts stated therein should be * * * submitted to the jurisdiction of the reorganization or bankruptcy court."

The complaint sets forth three causes of action in forty-eight redundant...

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