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PERAGINE v. MAIMONE

No. 80 Civ. 2775 (CBM).

504 F.Supp. 136 (1980)

Joseph PERAGINE, Plaintiff, v. Thomas MAIMONE, Costello & Shea Merck & Co., Frank H. Granito, Frank H. Granito, Jr., Civil Court Judge Irving Berman, and Civil Court Judge Barry Salman, Defendants.

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

September 22, 1980.

Attorney(s) appearing for the Case

Joseph Peragine, pro se.

Robert Abrhams, Atty. Gen., State of N. Y., New York City, Martin, Clearwater & Bell, Costello & Shea, New York City, for defendants.

Frank H. Granito, pro se defendant.

MEMORANDUM OPINION

MOTLEY, District Judge.

Defendants have moved, pursuant to Rule 12 of the Federal Rules of Civil Procedure, to dismiss the complaint of plaintiff Joseph Peragine on the ground that the complaint fails to state a claim upon which relief can be granted.

The basis of plaintiff's claim in this action is an alleged "deprivation of civil rights" resulting from settlement of this prior suit against Merck & Co. That suit was commenced...

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