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DACEY v. NEW YORK COUNTY LAWYERS' ASSOCIATION

No. 67 Civ. 3021.

290 F.Supp. 835 (1968)

Norman F. DACEY and Norman F. Dacey doing business as National Estate Planning Council, Plaintiff, v. NEW YORK COUNTY LAWYERS' ASSOCIATION, Defendant.

United States District Court S. D. New York.

As Amended October 11, 1968.

Attorney(s) appearing for the Case

Arthur Stephen Penn, New York City, for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant; Simon H. Rifkind, Edward N. Costikyan, Robert L. Beerman, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant New York County Lawyers' Association (the Association) for an order dismissing the action because the amended complaint fails to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b) (6)).

The motion must be granted.

I.

Plaintiff Dacey, who is not a lawyer, is the author of a book "How to Avoid Probate!" (the Book). The nature of the Book is thus described in the amended complaint...

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