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WEIDRINGER v. SPERRY RAND CORP.

10 Misc.2d 194 (1958)

Joseph Weidringer, Individually and on Behalf of Himself and All Other Members of National Office Machine Dealers Association, Similarly Situated, Plaintiff, v. Sperry Rand Corporation, Defendant.

Supreme Court, Special Term, New York County.

February 28, 1958.

Attorney(s) appearing for the Case

Wm. Francis Corson and Samuel Lippman for defendant.

Edward W. Stitt, Jr., Charles F. Krause, Jr., and Peter J. Mazola, Jr. for plaintiff.

EDGAR J. NATHAN, J.

In this action for declaratory judgment, defendant moves to dismiss the complaint for insufficiency pursuant to rules 106 and 212 of the Rules of Civil Practice, or in the alternative to strike out all allegations as to the representative character of the action pursuant to rule 103 of the Rules of Civil Practice. The motion is granted with leave to amend.

The complaint (with documents annexed) alleges in substance that plaintiff...

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