NATIONAL SURVIVAL GAME v. SKIRMISH, U.S.A., INC.

No. 84 Civ. 7813 (ADS).

603 F.Supp. 339 (1985)

NATIONAL SURVIVAL GAME, INC., Plaintiff, v. SKIRMISH, U.S.A., INC.; Pocono Whitewater, Ltd.; The Learning Annex; Douglas W. Fogal; Douglas Fogal, Jr.; and Paul Fogal, Defendants.

United States District Court, S.D. New York.

February 25, 1985.


Attorney(s) appearing for the Case

Rosenman, Colin, Freund, Lewis & Cohen, New York City, Hale & Dorr, Boston, Mass., for plaintiff; Marc E. Kasowitz, New York City, Neil Jacobs, Donald K. Stern, Susan G. Winkler, Boston, Mass., of counsel.

Kenyon & Kenyon, New York City, for defendants Douglas W. Fogal, Douglas Fogal, Jr., and Paul Fogal; Francis T. Carr, Robert D. Fier, New York City, of counsel.


MEMORANDUM OPINION AND ORDER

SOFAER, District Judge.

Defendants Douglas W. Fogal, Douglas Fogal, Jr., and Paul Fogal ("the Fogals") have moved to dismiss plaintiff's complaint, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. Defendants contend, without citation to a single authority, that they are insulated from personal liability because their allegedly illegal conduct was performed not in their individual...

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