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80 PINE INC. v. EUROPEAN AMERICAN BANK

No. 76 Civ. 737.

424 F.Supp. 908 (1976)

80 PINE INC., Plaintiff, v. EUROPEAN AMERICAN BANK et al., Defendants.

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

December 30, 1976.

Attorney(s) appearing for the Case

Goldfarb & Fleece and Robert D. Marcus, New York City, for plaintiff.

David G. Trager, U. S. Atty., E.D.N.Y. by Lewis F. Tesser, Asst. U. S. Atty., Brooklyn, N.Y., Kaye, Scholer, Fierman, Hays & Handler and Cahill, Gordon & Reindel, New York City, for defendants; Milton Kunen, Vincent J. Syracuse, Wm. E. Hegarty, Allen S. Joslyn, Michael P. Tierney and Stacy J. Haigney, New York City, of counsel.

OPINION and ORDER

PLATT, District Judge.

Defendants move for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting judgment in their favor or, in the alternative, pursuant to Rule 12(b) dismissing plaintiff's complaint.

In light of the decision of the late Judge Judd of this Court in Huntington Towers, Ltd. v. Franklin National Bank (in liquidation), 75 Civ. 972 (E.D.N.Y...

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