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MERRICK v. MERRICK

No. 77 Civ. 2547.

441 F.Supp. 143 (1977)

David MERRICK, and Davida Margaretha Merrick, by her father David Merrick, Plaintiffs, v. Etan MERRICK, Louis J. Lefkowitz, as Attorney General of the State of New York and Hugh L. Carey, as Governor of the State of New York, Defendants.

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

November 16, 1977.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiffs; Louis Nizer, Angelo T. Cometa, Jonathon D. Warner, New York City, of counsel.

Raoul Lionel Felder, Myrna Felder, New York City, for Mrs. Merrick (Etan).

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, pro se and for Gov. Carey; Margery Evans Reifler, Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants have moved, pursuant to Rules 12(b)(1) and 12(b)(6), F.R.Civ.P., to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. The Court concludes that the complaint must be, and it is, dismissed as to all defendants.

Plaintiff is the well-known theatrical and movie producer, David Merrick,1 who sues...

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