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BARNES v. PEAT, MARWICK, MITCHELL

69 Misc.2d 1068 (1972)

Esther Barnes et al., Plaintiffs, v. Peat, Marwick, Mitchell & Co. et al., Defendants.

Supreme Court, Special Term, New York County.

April 26, 1972

Attorney(s) appearing for the Case

Raphael, Searles, Vischi, Sher, Glover & D'Elia (Sidney O. Raphael of counsel), for plaintiffs. Cahill, Gordon, Sonnett, Reindel & Ohl (David R. Hyde and Allen S. Joslyn of counsel), for Peat, Marwick, Mitchell & Co., defendant. Olwine, Connelly, Chase, O'Donnell & Weyher (John Logan O'Donnell, Charles M. McCaghey and A. Rene Hollyer of counsel), for National Student Marketing Corp., defendant.

ABRAHAM J. GELLINOFF, J.

Motions No. 48 and No. 49 of March 2, 1972 are consolidated.

The defendants move to dismiss the complaint, asserting that it fails to state a cause of action. In the alternative, they seek to stay prosecution of this action until determination of several class actions involving basically the same facts, now pending in the United States District Court for the Southern District...

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