Massaro v. Fisk Rubber Corporation

BREWSTER, District Judge.

In this action defendants have filed motions to dismiss. Of the grounds specified in the motions, only two are now relied upon. They are (1) that the court should not retain jurisdiction to determine the issues raised by the complaint, and (2) that the complaint fails to state a claim upon which relief can be granted.

The argument advanced in support of the first ground is that inasmuch as the plaintiff attacks as invalid a sale of all the assets of the defendant Fisk Rubber Company (hereinafter referred to as “Fisk”), a Delaware corporation, which has consummated the…