ABDELNOUR v. COGGESHALL & HICKS

No. 68 Civ. 2745.

287 F.Supp. 135 (1968)

Edward C. ABDELNOUR, Plaintiff, v. COGGESHALL & HICKS, a co-partnership, and George Szabo, Defendants.

United States District Court S. D. New York.

August 14, 1968.


Attorney(s) appearing for the Case

Davis J. Stolzar, New York City, for plaintiff.

Windels, Merritt & Ingraham, New York City, for defendants; by Francis E. Koch, New York City, of counsel.


OPINION

POLLACK, District Judge.

Defendants move to dismiss the Second and Third Claims herein (denominated "Causes of Action" in the complaint) for lack of subject matter jurisdiction. F.R.Civ.P. 12(b) (1). These are concededly state-created claims and there is no diversity of citizenship. It is asserted that these claims are pendent to the First Claim which is grounded, allegedly, on the federal securities laws, 15 U.S.C. §§ 77e and 78j.

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