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BAIM & BLANK v. VIM TELEVISION & APPLIANCE STORES

139 F.Supp. 378 (1955)

BAIM & BLANK, Inc., Apartment House Supply Co. (doing business as Brick Church Appliance Co.), and Abe Friedel (doing business as Lynbrook Home Appliance Company), suing for themselves and all others similarly situated, Plaintiffs, v. VIM TELEVISION & APPLIANCE STORES, Inc., Defendant.

United States District Court S. D. New York.

June 29, 1955.

Attorney(s) appearing for the Case

Malkan & Ellner, New York City, for plaintiffs.

O'Dwyer & Bernstein, New York City, for defendant.

WEINFELD, District Judge.

The complaint in this case is subject to the same deficiencies which required the dismissal of the complaint in Baim & Blank, Inc. v. Admiral Corp., D.C., 132 F.Supp. 412. Accordingly, the complaint herein must be dismissed with leave to the plaintiff to plead anew. In the amended complaint each claim for relief asserted in favor of each plaintiff shall be separately stated and numbered since defenses...

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