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MURPHY v. GUTFREUND

No. 82 Civ. 2394(MEL).

624 F.Supp. 444 (1985)

Vincent B. MURPHY, Jr., Plaintiff, v. John H. GUTFREUND, Richard J. Schmeelk, Gedale Horowitz, Richard G. Rosenthal, J. Ira Harris, Thomas W. Strauss and William J. Voute, Liquidators of Salomon Brothers Holding Company and Salomon Brothers, Defendants.

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

December 26, 1985.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City, for plaintiff; Frederick T. Davis, Leslie C. Levin, of counsel.

Wachtell, Lipton, Rosen & Katz, New York City, for defendants; Herbert M. Wachtell, Theodore N. Mirvis, of counsel.

LASKER, District Judge.

This is the most recent of several motions to dismiss in this case. Defendants now move to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). In the alternative the defendants move for summary judgment. The motion to dismiss under Rule 12(b)(1) is granted.

The facts giving rise to this action are set out in detail at 583 F.Supp. 957 (S.D.N. Y.1984...

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