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HANLIN GROUP v. POWER AUTHORITY OF STATE OF N.Y.

No. 87 Civ. 0570 (JMW).

703 F.Supp. 305 (1989)

HANLIN GROUP, INC. (f/k/a LCP Chemicals & Plastics, Inc.), Plaintiff, v. POWER AUTHORITY OF the STATE OF NEW YORK and Village of Solvay, Defendants.

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

January 13, 1989.

Attorney(s) appearing for the Case

Michael Press, Whitman & Ransom, New York City, and Philip Chabot, Chartered, Washington, D.C., for plaintiff.

Thomas J. Lynch, Walter N. Munson, Wiles, Fahey & Lynch, Syracuse, N.Y., for defendant Village of Solvay.

Arthur T. Cambouris, Asst. Gen. Counsel, and Mitchell Borger, New York City, for defendant PASNY.

MEMORANDUM AND ORDER

WALKER, District Judge:

Defendants have moved to dismiss the complaint on the grounds of lack of jurisdiction, improper venue, violations of applicable statutes of limitations, and failure to state a claim upon which relief can be granted. Plaintiff claims jurisdiction under 28 U.S.C.A. §§ 1331 ("federal question") and 1332 ("diversity"). This motion is granted pursuant to Fed.R.Civ.P. 12(b)(1) on the ground that this Court...

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