Brewington v. Radio Corp.

STECKLER, District Judge.

These two actions, which are related causes, came before the court upon the defendant’s separate, but nearly identical, motions to dismiss for failure to state a claim on which relief can be granted and for lack of jurisdiction over the subject matter of each action, and upon the defendant’s suggestion that the court lacks jurisdiction of the subject matter of each complaint, made pursuant to Rule 12(h), Federal Rules of Civil Procedure. After considering each motion, together with the defendant’s briefs in support of said motions, and the affidavits tendered…