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FINKEL v. UNITED STATES

No. 73 Civ. 3427.

385 F.Supp. 333 (1974)

Abraham FINKEL and Norman Saferstein, Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party-Plaintiff, v. Joseph BARBAGALLO, Third-Party-Defendant.

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

December 4, 1974.

Attorney(s) appearing for the Case

Steven J. Romer, New York City, for plaintiffs, by Ronald A. Hollander, New York City, of counsel.

Paul J. Curran, U. S. Atty., New York City, for defendant and third party plaintiff, by Paul H. Silverman, Asst. U. S. Atty., of counsel.

Glabman, Rubenstein, Reingold & Rothbart, Brooklyn, P. C. for third party defendant; by Abraham Reingold, Brooklyn, of counsel.

MEMORANDUM AND ORDER

Whitman KNAPP, District Judge.

Plaintiffs Finkel and Saferstein move to dismiss the claims asserted against them by third-party defendant Joseph Barbagallo on the ground that this court lacks jurisdiction to hear those claims. For the reasons stated herein, the plaintiffs' motion should be granted.

In August, 1973, plaintiffs sued the United States Government to cancel an allegedly...

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