Seidenberg v. McSorleys' Old Ale House, Inc.

TENNEY, District Judge.

Defendant moves pursuant to Fed.R.Civ.P. 12(b) (1) and (6) for an order dismissing plaintiffs’ complaint on the grounds of lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Plaintiffs, citizens of the United States and board members of the National Organization for Women, seek a declaratory judgment pursuant to 28 U.S.C. § 2201 enjoining the continuance of defendant’s one hundred and fourteen year practice of catering only to men.

The material allegations of the complaint, which must be accepted as admitted for the…