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LIMAN v. MIDLAND BANK LTD.

No. 69 Civ. 4371.

309 F.Supp. 163 (1970)

In the Matter of Arthur L. LIMAN, as Trustee in Bankruptcy of Seatrade Corporation, Kulukundis Maritime Industries, Inc., Tramp Shipping & Oil Transportation Co., A. H. Bull Steamship Co., A. H. Bull & Co. (Inc.), American Tramp Shipping Development Corporation, Messenian Shipping Corporation, and Star Line Agency, Inc., Plaintiff, v. MIDLAND BANK LTD. and Fairplay Tanker Corp., Defendants.

United States District Court, S. D. New York.

February 4, 1970.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for plaintiff; Stuart Robinowitz, Steven B. Rosenfeld, New York City, of counsel.

Shearman & Sterling, New York City, for defendant Midland Bank Ltd.; Henry Harfield, Herbert J. Tamres, New York City, of counsel.

OPINION

THOMAS F. MURPHY, District Judge.

The defendant bank moves to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted or on the ground of forum non conveniens and for such other relief as the court may deem proper. Plaintiff cross-moves for discovery of documents. In the exercise of discretion under Rule 12(b) F.R.Civ.P., we exclude all matter outside the complaint in relation to the motion addressed...

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