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GOLDEN v. GARAFALO

No. 81 Civ. 1987 (WCC).

521 F.Supp. 350 (1981)

Arthur GOLDEN and Gladys Golden, Plaintiffs, v. Anthony GARAFALO, Defendant.

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

August 31, 1981.

Attorney(s) appearing for the Case

Kass, Goodkind, Wechsler & Labaton, New York City, for plaintiffs; Edward Labaton, John H. Riley, Richard Rosenblum, New York City, of counsel.

Warshaw, Burstein, Cohen, Schlesinger & Kuh, New York City, for defendant; William B. Aronstein, Milton Waxenfeld, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Before the Court is the motion of defendant to dismiss the complaint for lack of jurisdiction over the subject matter, pursuant to Rule 12(b)(1), F.R.Civ.P. The issue presented is whether, after the decision of the United States Supreme Court in United Housing Foundation, Inc. v. Forman, 421 U.S. 837, 95 S.Ct. 2051, 44 L.Ed.2d 621 (1975), the transfer of total ownership and...

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