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GREYBARK ADVERTISING v. AMBA MARKETING SYSTEMS

No. 77 Civ. 1381.

473 F.Supp. 285 (1979)

GREYBARK ADVERTISING, INC., Plaintiff, v. AMBA MARKETING SYSTEMS, INC. and the National Media Group, Inc., Defendants.

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

July 12, 1979.

Attorney(s) appearing for the Case

Burns, Jackson, Miller, Summit & Jacoby, New York City, for plaintiff; Ruth Balen, New York City, of counsel.

Monasch, Chazen & Stream, New York City, for defendant Amba Marketing Systems, Inc.; Arnold C. Stream, New York City, of counsel.

Beldock, Levine & Hoffman, New York City, for defendant The National Media Group, Inc.

LASKER, District Judge.

Amba Marketing Systems, Inc. moves for summary judgment under Rule 56(b), Fed. R.Civ.P., to dismiss the first and second counts of the complaint in this breach of contract action; and under Rule 12(b)(6) to dismiss the seventh count for failure to state a claim upon which relief can be granted. The motion is denied.

Greybark is an advertising agency which specializes in marketing goods through "direct response" television commercials...

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