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BAIRD v. DAY & ZIMMERMAN, INC.

No. 71 Civ. 3205 (JMC).

390 F.Supp. 883 (1974)

Dorman L. BAIRD et al., Plaintiffs, v. DAY & ZIMMERMAN, INC., et al., Defendants.

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

June 13, 1974.

Attorney(s) appearing for the Case

Julien, Blitz & Schlesinger, P. C., New York City (Jesse Alan Epstein, New York City, of counsel), for plaintiffs.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City (Hugh N. Fryer and Paul Sherman, New York City, of counsel), for defendant Martin Marietta Aluminum, Inc. (formerly Harvey Aluminum (incorporated)).

MEMORANDUM

CANNELLA, District Judge:

The motion of the defendant Martin Marietta Aluminum, Inc. (formerly Harvey Aluminum), pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint as against it for lack of personal and subject matter jurisdiction, is granted.

The plaintiff Baird was injured and the plaintiff Burns' intestate was killed in Vietnam on September 6, 1969, by the explosion of an artillery gun which they...

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