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TUVIA CONVALESCENT CENTER v. NAT. UNION OF HOSP.

No. 82 Civ. 5414(MP).

553 F.Supp. 303 (1982)

TUVIA CONVALESCENT CENTER, INC., d/b/a Hilldale Convalescent Home, Plaintiff, v. NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, A DIVISION OF RWDSU, AFL-CIO; Trustees, "1199" National Benefit Fund for Hospital and Health Care Employees; Trustees, "1199" National Pension Fund for Hospital and Health Care Employees, Defendants.

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

December 21, 1982.

Attorney(s) appearing for the Case

Milman, Naness & Pollack by Sanford E. Pollack, Hewlett, N.Y., for plaintiff.

Sipser, Weinstock, Harper, Dorn & Leibowitz, by Jerome Tauber, New York City, for defendant Nat. Union.

Hendler & Murray, P.C., by Kenneth W. Malamy, Robert Post, New York City, for defendant Funds.

MEMORANDUM

MILTON POLLACK, District Judge.

The defendants have moved to dismiss the amended complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure contending: (1) that complete diversity between the parties is lacking and that there is no jurisdiction under 28 U.S.C. § 1332; and (2) that the antitrust claims asserted in the Seventh and Eighth counts of the complaint are precluded by the labor exemption to the antitrust laws, contained...

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