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WALLACH MARINE CORP. v. DONZI MARINE CORP.

No. 87 Civ. 3906 (RWS).

675 F.Supp. 838 (1987)

WALLACH MARINE CORPORATION and Lawrence Wallach, Plaintiffs, v. DONZI MARINE CORPORATION, Michael Collins and Terrence Pearman, Defendants.

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

December 18, 1987.

Attorney(s) appearing for the Case

Murray, Hollander, Sullivan & Bass, New York City, for plaintiffs; James J. Murray, of counsel.

Milgrim Thomajan & Lee, P.C. (William F. Kuntz, New York City, of counsel), Thorp, Reed and Armstrong, Sarasota, Fla., for defendants.

OPINION

SWEET, District Judge.

Defendants Donzi Marine Corporation ("Donzi"), Michael Collins ("Collins"), and Terrence Pearman ("Pearman"), have moved to dismiss the complaint of Wallach Marine Corporation ("Marine") and Lawrence Wallach ("Wallach") under Rules 9(b), 12(b) and 12(b)(6), Fed.R.Civ.P. The motion, which was argued and submitted on October 9, 1987, will be granted in part and denied in part as set forth below.

The Complaint

...

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