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Motion To Dismiss, Presenting Defenses Of Failure To State A Claim, Of Lack Of Service Of Process, Of Improper Venue, And Of Lack Of Jurisdiction Under Rule 12(B)

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the Southern District of New York, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively.

3. To dismiss the action on the ground that it is in the wrong district because (a) the jurisdiction of this court is invoked solely on the ground that the action arises under the Constitution and laws of the United States and (b) the defendant is a corporation incorporated under the laws of the State of Delaware and is not licensed to do or doing business in the Southern District of New York, all of which more clearly appears in the affidavits of K. L. and V. W. hereto annexed as Exhibits C and D, respectively.

4. To dismiss the action on the ground that the court lacks jurisdiction because the amount actually in controversy is less than ten thousand dollars exclusive of interest and costs.

Signed: XXXXXXXXXXXXXX
Attorney for Defendant.
Address: XXXXXXXXXXXXX

Notice of Motion

To: XXXXXXXXXXXXXX
Attorney for Plaintiff.
XXXXXXXXXXXXXXXX

Please take notice, that the undersigned will bring the above motion on for hearing before this Court at Room XX, United States Court House, Foley Square, City of New York, on the XXX day ofXXXX, 193X, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard.

Signed: XXXXXXXXXXXXXX
Attorney for Defendant.
Address: XXXXXXXXXXXXX

from FED RULES OF CIVIL PROCEDURE APPENDIX OF FORMS

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