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LIPSKY v. COM. UNITED CORP.

No. 37, Docket 76-7125.

551 F.2d 887 (1976)

Gerald LIPSKY, Executor under the Will of Walden Robert Cassotto (a/k/a Bobby Darin), Deceased, Plaintiff-Appellant, v. COMMONWEALTH UNITED CORPORATION (now known as Iota Industries, Inc.), et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Patterson, Belknap & Webb, New York City (by Thomas Thacher and William J. Muller, New York City), for plaintiff-appellant.

Burns, Van Kirk, Greene & Kafer, New York City (by William D. Greene and James P. Corcoran, New York City), for defendants-appellees Iota Industries, Inc. and Commonwealth United Music, Inc.

Lord, Day & Lord, New York City (by Thomas F. Daly, R. Scott Greathead, and Richard Gaines, New York City), for defendants-appellees The Hudson Bay Music Co. (formerly known as Alley-Street Music Venture), Alley Music Corp. and Street Songs, Inc.

Before FEINBERG and VAN GRAAFEILAND, Circuit Judges, and MOTLEY, District Judge.

MOTLEY, District Judge:

Appellants appeal from two orders of the District Court for the Southern District of New York. The first of these orders struck certain portions from appellant-plaintiff's Amended Unified Complaint under Rule 12(f), Fed.R.Civ.P.

The second order dismissed the complaint for failure to state a claim under Rule 12(b)(6), Fed.R.Civ.P. We affirm in part and reverse in part the order which strikes portions of the complaint. We reverse the...

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