BARTLE v. MARKSON

Civ. No. 10046.

237 F.Supp. 356 (1964)

Glenn D. BARTLE as Receiver of Markson Bros. Inc., now known as M B H, Inc., Plaintiff, v. Asher S. MARKSON, Defendant.

United States District Court N. D. New York.

September 23, 1964.


Attorney(s) appearing for the Case

Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N. Y., for plaintiff, Laurence Sovik, Syracuse, N. Y., of counsel.

Mackay & Caswell, Syracuse, N. Y., for defendant, William J. Mackay, Syracuse, N. Y., of counsel.


BRENNAN, District Judge.

The defendant moves to dismiss the complaint herein upon the grounds (a) that it fails to state a claim upon which relief can be granted; (b) lack of capacity in plaintiff to sue; (c) that a prior action is pending in the state court. In the event relief is not granted, the plaintiff seeks alternative relief requiring that the complaint be made more definite and that certain allegations thereof be stricken. The background of this litigation...

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