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MADDOCK & MILLER, INC. v. MAYER CHINA COMPANY

241 F.Supp. 306 (1965)

MADDOCK & MILLER, INC., Plaintiff, v. MAYER CHINA COMPANY, Fine China Associates, Inc., Bart Miller (formerly known as Herbert W. Mueller), William P. C. Adams, Schmid Bros. Inc., Paul A. Schmid, Shenango China Company and United States Lines, Defendants.

United States District Court S. D. New York.

April 26, 1965.

Attorney(s) appearing for the Case

Friedlander & Gaines, New York City, for plaintiff. W. Harvey Mayer, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant Mayer China Co. C. Richard Stafford, New York City, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants Fine China Associates, Inc., Bart Miller and Schmid Bros., Inc. Lawrence M. McKenna, Walter J. Josiah, Jr., New York City, of counsel.

Goldstein, Judd & Gurfein, New York City, for defendant Littlefield Inc., named as Shenango China Co. Edward Brodsky, Charles H. Kellert, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant United States Lines. Louis J. Gusmano, James R. Campbell, New York City, of counsel.

LEVET, District Judge.

The defendant United States Lines and other defendants have moved this court for an order to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure upon the ground that it appears on the face of the complaint that this court lacks jurisdiction of the subject matter.

This action allegedly is brought pursuant to Sections 1, 13, 15 and 26 of Title 15 U.S.C., commonly known as the Sherman and Clayton Acts.

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