STEIN v. BAILEY

No. 78 Civ. 2364 (JMC).

531 F.Supp. 684 (1982)

Mary STEIN, Plaintiff, v. Hosea W. BAILEY, W. O. Baker, R. J. Cantwell, James E. Cunningham, Charles L. Graves, Robert K. Richie, Walter B. Shaw, George G. Zipf, McDermott Incorporated, Smith Barney, Harris Upham & Co., Incorporated, and Morgan Stanley & Co., Incorporated, Defendants.

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

February 4, 1982.


Attorney(s) appearing for the Case

Levy & Levy, New York City (Morris J. Levy, New York City, of counsel), for plaintiff.

Davis, Polk & Wardwell, New York City (Richard E. Nolan, Joel B. Gardner and Elizabeth Bradford, New York City, of counsel), for defendants Bailey, Baker, Cantwell, Cunningham, Graves, Richie, Shaw, Zipf and J. Ray McDermott & Co., Inc.

White & Case, New York City for defendant Smith Barney, Harris Upham & Co. Inc.

Cravath, Swaine & Moore, New York City (Paul M. Dodyk and Richard W. Clary, New York City, of counsel), for defendant Morgan Stanley & Co., Inc.


MEMORANDUM AND ORDER

CANNELLA, District Judge:

Defendants' motion for summary judgment is granted. Fed.R.Civ.P. 56.

Motion by defendant Morgan Stanley & Co., Incorporated, to dismiss for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), is dismissed as moot.

FACTS

The facts of this case relevant to the instant motion are essentially undisputed. On July 18, 1980, this Court dismissed plaintiff...

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