American Voting Mach. Corp. v. City of New York

WOOLSEY, District Judge.

This motion is denied.

I. Under Equity Rule 29 (2SUSCA§ 723), I can only entertain a motion to dismiss the complaint for infirmities appearing on the face thereof or on the complaint .as amplified by such bill of particulars and annexed exhibits as plaintiffs may have been ordered to file. Cf. my opinion in Ussesa Sales Company v. Josam Manufacturing Company et al., 2 F. Supp. 196, dated January 17, 1933. On such a motion issues of fact cannot be considered. They must be raised by answer. E. B. Badger Company v. Arnold, 282 F. 115 (C. C. A. 1).

A motion for summary…