ROBINSON v. FIRST NAT. CITY BANK

No. 72 Civ. 1854 (WCC).

482 F.Supp. 92 (1979)

Richard S. ROBINSON, Ann Nemser, Philip Baron, Rebecca Lowey, Jacob Schoenbach, and Louis Goodkind, Plaintiffs, v. FIRST NATIONAL CITY BANK et al., Defendants.

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

October 4, 1979.


Attorney(s) appearing for the Case

Nemser & Nemser, New York City, for plaintiffs Ann Nemser and Philip Baron; Stanley Nemser, New York City, of counsel.

David Berger, P. A., Philadelphia, Pa., for plaintiff Richard S. Robinson.

Lowey, Dannenberg & Knapp, P. C., New York City, for plaintiffs Rebecca Lowey and Jacob Schoenbach; Richard B. Dannenberg, New York City, of counsel.

Kass, Goodkind, Wechsler & Labaton, New York City, for plaintiff Louis W. Goodkind.

Shearman & Sterling, New York City, for defendant Citibank, N. A.; Kenneth M. Kramer, New York City, of counsel.


OPINION AND ORDER

CONNER, District Judge:

Defendants have moved to dismiss this class action on grounds of res judicata. Named plaintiffs have not opposed the motion. For reasons stated below, the motion will be granted under Rule 56, F.R.Civ.P., with prejudice as to named plaintiffs, and without prejudice as to other members of the class.

Background

On May 4, 1972, plaintiffs filed this class action in the Southern District...

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