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BEVERAGE MARKETING CORP. v. OGILVY & MATHER

No. 80 Civ. 3318 (RWS).

563 F.Supp. 1013 (1983)

BEVERAGE MARKETING CORPORATION, Plaintiff, v. OGILVY & MATHER DIRECT RESPONSE, INC., Defendant.

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

February 18, 1983.

Attorney(s) appearing for the Case

Baker, Nelson & Williams, New York City, for plaintiff by John P. Dellera, New York City, of counsel.

Davis & Gilbert, New York City, for defendant by Miles Baum, New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff Beverage Marketing Corporation ("Marketing") has sued defendant Ogilvy & Mather Direct Response, Inc. ("Ogilvy") claiming breach of contract and malpractice allegedly committed during the performance of an agreement for direct mail marketing services. Marketing has now moved pursuant to Fed.R.Civ.P. 26(b)(4)(A)(ii) for an order compelling Ogilvy to produce a report prepared by one of Ogilvy's experts. The motion...

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