SHEA v. McCARTHY

No. 190, Docket 91-7483.

953 F.2d 29 (1992)

Walter J. SHEA; Daniel C. Ligurotis; Joseph Trerotola; Jack D. Cox; Barbara A. Christe and Vincent Trerotola, Plaintiffs-Appellants, v. William J. McCARTHY and Weldon Mathis, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 6, 1992.


Attorney(s) appearing for the Case

Patrick J. Szymanski, Washington, D.C. (Robert M. Baptiste, Baptiste & Wilder, Washington, D.C., Daniel Engelstein, Vladeck, Waldman, Elias & Engelhard, New York City, of counsel) for plaintiffs-appellants.

Rudolph F. Pierce, Boston, Mass. (Denis M. King, Goulston & Storrs, Boston, Mass., Brian E. Maas, Beldock Levine & Hoffman, New York City, James T. Grady, Gen. Counsel for IBT, Washington, D.C., of counsel) for defendants-appellees.

Before VAN GRAAFEILAND, MESKILL and MAHONEY, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

Walter Shea, Daniel Ligurotis, Joseph Trerotola, Jack Cox, Vincent Trerotola and Barbara Christe appeal from a judgment of the United States District Court for the Southern District of New York (McKenna, J.) dismissing Count I of their complaint, on defendants' Rule 12 motion, for lack of subject matter jurisdiction. The district court also dismissed without prejudice several other Counts in...

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