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COMMERCIAL DISCOUNT CORP. v. LINCOLN FIRST COM'L CORP.

No. 76 Civ. 1242.

445 F.Supp. 1263 (1978)

COMMERCIAL DISCOUNT CORPORATION, Plaintiff, v. LINCOLN FIRST COMMERCIAL CORPORATION, Herbert A. Busch and David Rothkopf and Phillip Wess, Individually and as partners doing business as Rothkopf & Wess, Defendants, Richard A. Eisner & Company, Additional Defendant on Cross-Claim. Herbert A. BUSCH, Defendant and Third-Party Plaintiff, v. RICHARD A. EISNER & COMPANY, Third-Party Defendant.

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

February 16, 1978.

Attorney(s) appearing for the Case

Paul, Weis, Rifkind, Wharton & Garrison, New York City, by Steven B. Rosenfeld and Leslie G. Fagen, New York City, for plaintiff Commercial Discount Corp.

Evans, Orr, Pacelli, Norton & Laffan, New York City, by Seymour I. Yanofsky and Constantine Regusis, New York City, for defendant David Rothkopf.

D'Amato, Costello & Shea, New York City, by Robert E. Meshel, New York City, for defendant Phillip S. Wess.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants David Rothkopf and Phillip S. Wess, here sued both individually and as partners formerly doing business as the accounting firm of Rothkopf & Wess, have brought these motions pursuant to Rule 12(b)(1), F.R.Civ.P., to dismiss this action for want of federal jurisdiction over the subject matter. Though so denominated, the motion is actuality is a motion pursuant to Rule 12(b)(6), F.R.Civ.P. to dismiss...

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