Caribbean Cruise Lines, Inc. v. Swiss Credit Bank, New York Agency

DAWSON, District Judge.

This is a motion by defendants for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., dismissing the complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting defendants a summary judgment in their favor on the ground that there is no genuine issue as to any material fact. The basic action which defendants are seeking to have dismissed is one wherein plaintiff seeks to restrain and permanently enjoin defendants…