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VARLOTTA CONST. CORP. v. CARLA DEVELOPMENT CORP.

No. 90-CR-0079 (JG).

886 F.Supp. 315 (1995)

VARLOTTA CONSTRUCTION CORP., Plaintiff, v. CARLA DEVELOPMENT CORPORATION, Jeryl Industries, Kings Court, Mimi Development, Lincoln Park Nursing Home, Andover Town Houses, Andover Intermediate Care, Keman Quarry, Road Building & Construction Co., Jerry Turco and Dolores Turco, Defendants.

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

May 17, 1995.

Attorney(s) appearing for the Case

Mark A. Rosen, Max E. Greenberg, Cantor, Trager & Toplitz, New York City, for plaintiff.

Raymond E. Murphy, Jr., Kearny, NJ, for defendants Jeryl Industries and Jerry Turco.

Robert E. Margulies, Margulies, Wind, Herrington & Knopf, Jersey City, NJ, for Remaining Defendants.

MEMORANDUM AND ORDER

GLEESON, District Judge:

On May 4, 1995, the Court conducted a final pretrial conference in this case. Jury selection and trial were scheduled to commence on May 15, 1995. At the pretrial conference, counsel for the defendants stated their intention to move to dismiss the complaint for lack of subject matter jurisdiction. Such a motion had been made twice before (once to each of the judges to whom the case was previously assigned...

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