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McCOLLUM v. BILLINGS

53 Misc.2d 661 (1967)

Thelma McCollum, Plaintiff, v. Pearne W. Billings et al., Defendants.

Supreme Court, Onondaga County.

April 25, 1967

Attorney(s) appearing for the Case

Lesher, Howitt, Manchester & Jenkins for Hugh Johnson Co., Inc., defendant. Egbert L. Wildman, Jr., for Pearne W. Billings, defendant. Bond, Schoeneck & King for plaintiff.

DONALD H. MEAD, J.

Defendants, in separate motions, move pursuant to subdivision (a) of CPLR 3211 to dismiss the several causes of action alleged in plaintiff's complaint upon the grounds (1) the court has no jurisdiction of the subject matter of the alleged first and second causes of action because exclusive jurisdiction of the subject matter thereof is vested in the District Courts of the United States, and (2) the second cause of action attempted to...

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