Lutzker v. King

This is a motion to dismiss the petition on the ground that it is jurisdictionally defective. It is contended by the tenant that the petition fails to set forth an allegation that the case comes within one of the exceptions of the National *671Housing and Rent Act of 1947 (U. S. Code, tit. 50, Appendix,, § 1891 et seq. [Public Law 129, 80th Cong., 1st Sess.]) and am allegation as to the method employed to serve the notice. The tenant urges that such omissions constitute jurisdictional defects.

An examination of the petition reveals that it does not set' forth the exception to the Office of Price…