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UNITED STATES v. JOE MURRAY'S POINT LOOKOUT, INC.

No. 70 Civ. 5092.

359 F.Supp. 335 (1973)

UNITED STATES of America, Plaintiff, v. JOE MURRAY'S POINT LOOKOUT, INC., et al., Defendants. SKELLYWAY CONSTRUCTION COMPANY, INC., Plaintiff, v. SMALL BUSINESS ADMINISTRATION, an Agency of the United States Government, and the People of the State of New York, Defendants.

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

April 16, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for plaintiff United States and defendant Small Business Administration; Dennis J. Helms, Asst. U. S. Atty., of counsel.

Heffernan & Brown, by Charles J. Brown and Walter J. Heffernan, Windham, N. Y., for Skellyway Construction Co., Inc.

MEMORANDUM

BONSAL, District Judge.

In this consolidated action, the United States of America ("the Government") moves pursuant to Rule 12(b)(6), F.R. Civ.P., to dismiss the complaint of Skellyway Construction Co., Inc. ("Skellyway") for failure to state a claim on which relief can be granted.

The facts central to the Government's motion are undisputed. Joe Murray's Point Lookout, Inc. ("Lookout") was a New York corporation having its office and principal...

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