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SEYMOUR v. BACHE & CO., INC.

No. 75 Civ. 3722 (CHT).

502 F.Supp. 115 (1980)

Cy SEYMOUR, Plaintiff, v. BACHE & COMPANY, INC. and Alex Canaan, Defendants.

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

September 23, 1980.

Attorney(s) appearing for the Case

Arutt, Nachamie, Benjamin, Lipkin & Kirschner, P. C., New York City, for plaintiff; Leon B. Lipkin, New York City, of counsel.

Paul R. Scott, New York City, for defendant Alex Canaan.

Benedict Ginsberg, New York City, for defendant Bache & Co., Inc.; Charles Ramos, New York City, of counsel.

OPINION

TENNEY, District Judge.

Plaintiff Cy Seymour moves pursuant to Federal Rule of Civil Procedure ("Rule") 12(b) and (c) to dismiss defendant Alex Canaan's indemnification cross-claim against defendant Bache & Company, Inc. ("Bache") for failure to state a claim, or alternatively, for judgment on the pleadings. Canaan seeks to amend his cross-claim to assert a claim for contribution against Bache. The plaintiff's motion is denied. Canaan may amend...

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