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LEVINE v. BIDDLE SAWYER CORPORATION

No. 74 Civ. 347.

383 F.Supp. 618 (1974)

Robert L. LEVINE et al., Plaintiffs, v. BIDDLE SAWYER CORPORATION et al., Defendants.

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

October 4, 1974.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiffs; George Weisz, New York City, of counsel.

Emmet, Marvin & Martin, New York City, for defendants; Thomas B. Fenlon, Bernard F. Joyce, New York City, of counsel; Morris, Nichols, Arsht & Tunnell, Wilmington, Del., of counsel as to Point III.

MEMORANDUM

BONSAL, District Judge.

Plaintiffs moved for leave to file an amended complaint. Defendants moved pursuant to F.R.Civ.P. 12(c) and 12(h)(2) for judgment dismissing the complaint and, alternatively, for a protective order pursuant to F.R.Civ.P. 26(c) and 30(d).1 At argument on July 8, 1974, plaintiffs' motion to file an amended complaint was granted and it was stipulated that defendants' motion would apply with equal...

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