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HONG KONG EXPORT CREDIT INS. CORP. v. DUN & BRADSTREET

No. 72 Civil 3257.

414 F.Supp. 153 (1975)

HONG KONG EXPORT CREDIT INSURANCE CORP., Plaintiff, v. DUN & BRADSTREET, Defendant.

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

December 29, 1975.

Attorney(s) appearing for the Case

Smith, Steibel, Alexander & Saskor, New York City, for plaintiff; Ludwig Saskor, George L. Selden, New York City, of counsel.

White & Case, New York City, for defendant; John J. McAvoy, Sharon E. Grubin, New York City, of counsel.

LEVET, District Judge.

The defendant here has moved pursuant to Rule 50(a) of the Federal Rules of Civil Procedure for a directed verdict of dismissal as to all five of plaintiff's claims:

One, as to the breach of the subscription agreement; two, as to the so-called breach of the cabling agreement; three, negligence; four, gross negligence and five, fraud.

Under Rule 50(a) such a motion will be granted only where there is an absence of controverted...

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