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HEINZ v. SIMON & FLYNN, INC.

No. 77 Civ. 2230 (KTD).

444 F.Supp. 114 (1978)

W. C. HEINZ, Plaintiff, v. SIMON & FLYNN, INC. and Sander Simon, Defendants.

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

January 13, 1978.

Attorney(s) appearing for the Case

Kurtz & Vassallo, P. C., New York City, for plaintiff.

Jacob Rabinowitz, New York City, for defendant Sander Simon.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff has moved for partial summary judgment in this diversity action alleging six claims for relief arising out of a purported breach of contract.

It appears that on June 1, 1968 plaintiff and Vince Lombardi Enterprises, Inc. (Lombardi) entered into an agreement with defendant Simon & Flynn, Inc. (Simon & Flynn), of which defendant Sander Simon (Simon) is president, for the joint...

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