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WEITZEN v. KEARNS

No. 66 Civ. 2460.

271 F.Supp. 616 (1967)

Hyman WEITZEN, Plaintiff, and Nathan Epstein, under a Power of Trust for the benefit of Allen Lee Epstein, Plaintiff-Intervenor, v. William KEARNS et al., Defendants.

United States District Court S. D. New York.

July 20, 1967.

Attorney(s) appearing for the Case

Kaufman, Taylor, Kimmel & Miller, New York City, for plaintiff and plaintiff-intervenor; Stanley L. Kaufman, Shephard S. Miller, New York City, of counsel.

Holtzmann, Wise & Shepard, New York City, for defendant Solitron Devices, Inc.

Windels, Merritt & Ingraham, New York City, for defendant directors.

John M. Schwartz, New York City, for defendants Paul Windels and Hilda Alperson, as trustee for the children of Benjamin Friedman.

OPINION

BONSAL, District Judge.

Defendants move for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure dismissing the complaint in the above entitled action on the ground that this Court has no jurisdiction over the subject matter and the complaint fails to state a claim upon which relief can be granted. In the alternative, defendants move for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary judgment...

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