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KILDUFF v. KILDUFF

No. 78 CIV 4641 (LBS).

473 F.Supp. 873 (1979)

Deborah Jean KILDUFF, an infant under the age of eighteen, by Elaine Garafola, her guardian ad litem, and Audra Lynn Kilduff, an infant under the age of eighteen, by Elaine Garafola, her guardian ad litem, and Elaine Garafola, Individually, Plaintiffs, v. Eugene O. KILDUFF and Anna Kilduff, Defendants.

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

February 21, 1979.

Attorney(s) appearing for the Case

Arens & Colton, New York City, David Arens, New York City, of counsel, for plaintiff.

Francis M. DeCaro, New York City, for defendants.

OPINION

SAND, District Judge.

Defendants have moved to dismiss the complaint on "any or all of the following grounds:

(a) Forum Non-Conveniens (b) Failure to state a claim against defendants upon which relief can be granted (c) Lack of subject matter jurisdiction."

The plaintiffs allege no less than 13 causes of action and invoke the jurisdiction of this Court based upon diversity of citizenship. The plaintiffs are Elaine...

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