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CITICORP v. INTERBANK CARD ASS'N

No. 78 Civ. 1632 (JMC).

478 F.Supp. 756 (1979)

CITICORP and Citicorp Services, Incorporated, Plaintiffs, v. INTERBANK CARD ASSOCIATION et al., Defendants, v. CITIBANK, N.A., et al., Counterdefendants.

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

October 3, 1979.

Attorney(s) appearing for the Case

Rogers & Wells, New York City by John J. Sheehy, James B. Weidner, and James V. Ryan, New York City, for plaintiffs and counterdefendants.

Rogers, Hoge & Hills, New York City by Frank H. Gordon, New York City, and Covington & Burling, Washington, D. C. by Harry L. Shniderman, and James C. McKay, Jr., Washington, D. C., for defendants.

Winthrop, Stimson, Putnam & Roberts, New York City by John B. Daniels, New York City, for third party American Express Company.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Motion to dismiss Counts 1 and 2 of defendants' counterclaim, for failure to state a claim upon which relief can be granted, is denied. Fed.R.Civ.P. 12(b)(6).

Motion to dismiss Count 3 of defendants' counterclaim, on the ground that the defendants do not have standing to raise it, is denied.

Motion to strike portions of defendants' counterclaims, as sham and false, is denied. Fed.R.Civ.P. 11...

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