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AMERICAN HONDA MOTOR CO., INC. v. UNITED STATES

No. 73 Civ. 1717-LFM.

363 F.Supp. 988 (1973)

AMERICAN HONDA MOTOR CO., INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

September 12, 1973.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, for defendant; David P. Land, Asst. U. S. Atty., of counsel.

Burlingham, Underwood & Lord, New York City, for plaintiff; Elkan Turk, Jr. and Michael Marks Cohen, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is a motion, pursuant to Rule 12(b)(1), Fed.R.Civ.P., for an order dismissing the complaint for lack of subject matter jurisdiction.

American Honda Motor Co., Inc. ("creditor") is the authorized wholesale distributor of Honda motorcycles in the United States. It agreed, pursuant to a purchase money security agreement, to sell new Honda motorcycles to Better Ideas in Motion, Inc. ("taxpayer"). The agreement granted...

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