VOEGE v. ACKERMAN

No. 70 Civ. 5776.

364 F.Supp. 72 (1973)

Harry Walter VOEGE et al., Plaintiffs, v. Frederick W. ACKERMAN et al., Defendants.

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

August 22, 1973.


Attorney(s) appearing for the Case

Charles Trynin, New York City, for plaintiffs.

Seward & Kissel, New York City, for defendants The Greyhound Corp. and Armour and Co.

Lovejoy, Wasson, Lundgren & Ashton, New York City, for defendant General Host Corp.


OPINION

EDWARD WEINFELD, District Judge.

The motion by defendants General Host, Greyhound and Armour to dismiss the complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted; to dismiss under Rule 12(b)(1) for lack of federal jurisdiction over the subject matter; and, in the alternative, for summary judgment, is denied except as to the second derivative cause of action, which...

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