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SEIDENBERG v. McSORLEYS' OLD ALE HOUSE, INC.

No. 69 Civ. 2728.

308 F.Supp. 1253 (1969)

Faith A. SEIDENBERG and Karen DeCrow, Plaintiffs, v. McSORLEYS' OLD ALE HOUSE, INC., Defendant.

United States District Court S. D. New York.

Supplemental Memorandum December 9, 1969.

Attorney(s) appearing for the Case

Faith A. Seidenberg, Rosemary Pooler, Syracuse, N. Y., Bruce J. Ennis, New York City, for plaintiffs.

William F. Larkin, New York City, for defendant.

TENNEY, District Judge.

Defendant moves pursuant to Fed.R. Civ.P. 12(b) (1) and (6) for an order dismissing plaintiffs' complaint on the grounds of lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Plaintiffs, citizens of the United States and board members of the National Organization for Women, seek a declaratory judgment pursuant to 28 U.S.C. § 2201 enjoining the continuance of defendant's one hundred and fourteen...

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