CERAVOLO & COMIS, INC. v. UNITED STATES

No. 65-CV-292.

266 F.Supp. 215 (1967)

CERAVOLO & COMIS, INC. and Thomas F. Culuccio & Sons, Inc., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

January 31, 1967.


Attorney(s) appearing for the Case

Joseph J. Ferlo, Rome, N. Y., for plaintiffs.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant.


PORT, District Judge.

Memorandum-Decision and Order

The defendant, United States of America, moves to dismiss the complaint in the above-entitled action upon the following grounds: the complaint fails to state a claim upon which relief can be granted; the United States has not consented to be sued; and the court lacks jurisdiction because the action in effect seeks a declaratory judgment with reference to federal...

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