BOULWARE v. BATTAGLIA

Civ. A. No. 3869.

327 F.Supp. 368 (1971)

Edwin D. BOULWARE et al., Plaintiffs, v. Victor F. BATTAGLIA et al., Defendants.

United States District Court, D. Delaware.

May 20, 1971.


Attorney(s) appearing for the Case

Emmett J. Conte, Jr., Wilmington, Del., for plaintiffs.

Andrew B. Kirkpatrick, Jr., and Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.


OPINION

CALEB M. WRIGHT, Chief Judge.

This action comes before the Court on the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Although the complaint contains no jurisdictional allegations, the Court's jurisdiction has not been challenged. However, the Court notes here that which will become apparent hereafter—28 U.S.C. § 1343 provides the jurisdictional basis for this action.

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