ROOTBERG v. AMERICAN EXPRESS COMPANY

No. 72 Civ. 1626.

352 F.Supp. 949 (1972)

Michael ROOTBERG, for himself and others similarly situated, Plaintiff, v. AMERICAN EXPRESS COMPANY, Defendant.

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

December 22, 1972.


Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg, New York City, for plaintiff; Murray L. Lewis, New York City, of counsel.

Winthrop, Stimson, Putnam & Roberts, New York City, for defendant; Peter H. Kaminer, and Arnold S. Anderson, New York City, of counsel.


WARD, District Judge.

This is a motion by the defendant, American Express Company (Amexco), for summary judgment pursuant to Rule 56, Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted.

The complaint alleges violation of the "Truth in Lending Act", 15 U.S.C. Section 1601 et seq.; breach of contract; and fraud. Jurisdiction is based on 15 U.S.C. Section 1640 and pendant jurisdiction. The underlying facts giving rise to this action are apparently...

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