SPITZLER v. NEW YORK POST CORP.

No. 79 Civ. 2797-CLB.

476 F.Supp. 386 (1979)

Robert SPITZLER, Plaintiff, v. NEW YORK POST CORPORATION, Defendant.

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

September 18, 1979.


Attorney(s) appearing for the Case

Gordon & Shechtman, P. C., by Murray A. Gordon, New York City, for plaintiff.

Squadron, Ellenoff, Plesent & Lehrer, by Ira Lee Sorkin, New York City, for defendant.


MEMORANDUM AND ORDER

BRIEANT, District Judge.

By motion docketed July 3, 1979 and fully submitted for decision on July 24, 1979, defendant seeks an order dismissing the complaint pursuant to Rule 12(b)(1) or (6), F.R.Civ.P. on the grounds that (1) the Court lacks subject matter jurisdiction; or (2) the complaint fails to state a claim upon which relief can be granted. Both parties having filed supplementary affidavits which this Court has taken into consideration...

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