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ALBERT LEVINE ASSOCIATES v. BERTONI & COTTI

No. 68 Civ. 4238.

309 F.Supp. 456 (1970)

ALBERT LEVINE ASSOCIATES, a co-partnership consisting of Albert Levine and Arnold H. Levine, doing business under the said assumed name, Plaintiffs, v. BERTONI & COTTI et al., Defendants.

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

January 21, 1970.

Attorney(s) appearing for the Case

Albert Levine, Jamaica, N. Y., for plaintiffs.

Bisco, Winkler & Higgiston, New York City, for defendants Shaul Equipment & Supply Co., Inc., George Holder and Lester W. Ginanni; John E. Higgiston, Jr., New York City, of counsel.

OPINION

COOPER, District Judge.

Defendants, Shaul Equipment and Supply Co., Inc. (hereinafter "Shaul"), George Holder (President of Shaul), and Lester W. Ginanni (General Manager and Ass't. Treasurer of Shaul) move pursuant to Rule 12(b) F.R.Civ.P. to quash service of process and dismiss the pending action brought under § 4 and § 16 of the Clayton Act, 15 U.S.C. §§ 15, 26.

Plaintiff, "a co-partnership doing business in New York...

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