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NEWTON v. CHASE MANHATTAN BANK, N. A.

No. 77 Civ. 482.

436 F.Supp. 806 (1977)

Peter B. NEWTON and Margaret S. Speer, Plaintiffs, v. The CHASE MANHATTAN BANK, N. A., Defendant.

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

August 18, 1977.

Attorney(s) appearing for the Case

Burns, Jackson, Miller, Summit & Jacoby, New York City by Gary Maddock, New York City, and Ruth Balen, Brooklyn, N. Y., for plaintiff.

Milbank, Tweed, Hadley & McCloy, New York City by Eugene Farabaugh, New York City, for defendant.

MEMORANDUM

IRVING BEN COOPER, District Judge.

Defendant Chase Manhattan Bank, N.A., ("Chase") moves for an order pursuant to Rule 12(b)(1), Federal Rules Civil Procedure dismissing Count VI of plaintiff's complaint on the ground that this Court lacks subject matter jurisdiction. Upon a thorough review of the law and the pleadings heretofore had, we grant the application.

The facts of this case can be stated briefly. Plaintiff Margaret Speer ("Speer...

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