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BOYLE v. READERS' SUBSCRIPTION INC.

No. 77 Civ. 3013.

481 F.Supp. 156 (1979)

Joseph P. BOYLE, Plaintiff, v. READERS' SUBSCRIPTION INC. and A. Whitney Ellsworth, Defendants.

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

February 22, 1979.

Attorney(s) appearing for the Case

Joseph P. Boyle, pro se.

Cadwalader, Wickersham & Taft, by P. Jay Flocken, New York City, for defendants.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff has moved for an order of recusal. This reiterates a motion made orally at a recent pretrial conference; the motion was denied then, and it is denied now.

In preparation for that pretrial conference the court reviewed the complaint and sensed substantial doubt as to the existence of subject matter jurisdiction. Since Rule 12(h)(3) of the Federal Rules of Civil Procedure requires the court to dismiss...

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