FUNKHOUSER v. CITY OF NEWARK

No. 13963.

312 F.2d 383 (1963)

Selmes Paul FUNKHOUSER, Plaintiff-Appellant, v. CITY OF NEWARK, a Municipal Corporation of New Jersey, Defendant-Respondent, and/or The Port of New York Authority, etc., Defendant.

United States Court of Appeals Third Circuit.

Decided January 18, 1963.


Attorney(s) appearing for the Case

Emanuel Gersten, Hillside, N. J., for appellant.

Nicholas Albano, Newark, N. J. (Vincent P. Torppey, Newark, N. J., on the brief), for appellee.

Before KALODNER, STALEY and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

This is an action in ejectment and for the recovery of mesne profits. The complaint as amended is in one count and states a single claim for relief against the defendants jointly and severally. The action came before the court below on the motion of the defendant City of Newark to dismiss the complaint on the ground that the court was "without jurisdiction to grant plaintiff the only remedy to which he could be entitled." The motion...

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