CUNNINGHAM v. A. J. ABERMAN, INC.

Civ. No. 64-1162.

252 F.Supp. 602 (1965)

Theodore W. CUNNINGHAM, Individually and as a Partner of White & Cunningham, a Partnership, Composed of W. J. White, Jr., and Theodore W. Cunningham, Plaintiff, v. A. J. ABERMAN, INC., a Corporation, Defendant.

United States District Court W. D. Pennsylvania.

March 25, 1965.


Attorney(s) appearing for the Case

Paul Ginsburg, Pittsburgh, Pa., for plaintiff.

David R. Levin, Pittsburgh, Pa., for defendant.


SORG, District Judge.

The defendant has moved to dismiss the complaint filed in this action asserting, among other reasons, this court's lack of jurisdiction over the subject matter.

The complaint seeks the declaratory judgment of this court (1) that a judgment entered in the Court of Common Pleas of Allegheny County, Pennsylvania, and mortgage foreclosure proceedings pursuant thereto are a nullity; (2) that the mortgage involved was not in default; and (3...

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