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SWIFT v. AFW FABRIC CORP.

No. 75 Civ. 1465 (LFM).

441 F.Supp. 300 (1977)

Barry L. SWIFT, Plaintiff, v. AFW FABRIC CORP., Concord Fabrics, Inc., Alvin Weinstein and Frank Weinstein, Defendants.

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

December 1, 1977.

Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P. C., New York City, for defendants AFW Fabric Corp., Alvin Weinstein and Frank Weinstein by Kurt J. Wolff, Daniel Wallen and Walter B. Klasson, New York City.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant Concord Fabrics, Inc. by Milton Sherman, New York City.

Lipper, Lowen & Dannenberg, Burton L. Knapp, New York City, for plaintiff.

OPINION

MacMAHON, District Judge.

Defendants move, pursuant to Rule 12(b)(6), Fed.R.Civ.P., for an order dismissing this action for failure to state a claim upon which relief can be granted.

This action, unlike the related and consolidated actions in Marshel v. AFW Fabric Corp., Michaels v. Weinstein, and Krause v. Concord Fabrics, Inc., D.C., 441 F.Supp. 299, alleges diversity jurisdiction and...

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