MUTUAL SHARES CORPORATION v. GENESCO, INC.

No. 66 Civ. 2475.

266 F.Supp. 130 (1967)

MUTUAL SHARES CORPORATION, Spingarn Heine & Co., and Norte & Co., Plaintiffs, v. GENESCO, INC. and W. Maxey Jarman, Defendants.

United States District Court S. D. New York.

January 18, 1967.


Attorney(s) appearing for the Case

William Klein, II, New York City, for plaintiffs, Julius J. Rosen, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendants, James R. Withrow, Jr., Richard L. Bond, R. Barry McComic, New York City, of counsel.


OPINION

BONSAL, District Judge.

Defendants Genesco, Inc. (Genesco) and W. Maxey Jarman (Jarman) have moved pursuant to Rule 12(b) of the Federal Rules of Civil Procedure for an order dismissing the complaint for lack of jurisdiction on the grounds that it fails to state a Federal claim and that there is no diversity of citizenship. After defendants filed this motion, plaintiffs amended their complaint and defendants' motion is treated as addressed to the...

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