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CHARLES SIMKIN & SONS, INC. v. STATE UNIVERSITY CONST. FUND

No. 68 Civ. 3270.

352 F.Supp. 177 (1973)

CHARLES SIMKIN & SONS, INC., Plaintiff, v. The STATE UNIVERSITY CONSTRUCTION FUND, Defendant.

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

January 4, 1973.

Attorney(s) appearing for the Case

Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky by Sayward Mazur, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York by Alvin O. Sabo, Asst. Atty. Gen., Albany, N. Y., for defendant.

MEMORANDUM

CANNELLA, District Judge.

Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, and by virtue of the immunity from suit in Federal Court provided by the Eleventh Amendment to the United States Constitution, is granted.

The several causes of action alleged in the complaint arise out of a contract between

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