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METROPOLITAN AIR SERVICE v. PENBERTHY AIRCRAFT

No. 86 CIV 3019 (LBS).

648 F.Supp. 1153 (1986)

METROPOLITAN AIR SERVICE, INC., Plaintiff, v. PENBERTHY AIRCRAFT LEASING COMPANY, Penberthy Lumber Company, Inc., Defendants.

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

October 17, 1986.

Attorney(s) appearing for the Case

Fox Glynn & Melamed, New York City, for plaintiff; John R. Horan, Richard N. Chassin, of counsel.

Schwarzfeld, Ganfer & Shore, New York City, for defendants; Steven J. Shore, of counsel.

SAND, District Judge.

Plaintiff, Metropolitan Air Services, Inc. ("Metropolitan") brings this action under 28 U.S.C. § 1332(a)(1), (c) (1982), alleging that defendants Penberthy Aircraft Leasing Company ("Palco") and Penberthy Lumber Company, Inc. ("Lumber") owe plaintiff commissions for services performed by plaintiff in connection with the location of potential purchasers or lessees for defendants' aircraft equipment. Defendants make a motion to dismiss under...

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