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POWER EAST LTD. v. TRANSAMERICA DELAVAL INC.

No. 82 Civ. 4269 (KTD).

558 F.Supp. 47 (1983)

POWER EAST LIMITED, Plaintiff, v. TRANSAMERICA DELAVAL INC. and Sheik Yaqoob Yusuf Al-Rasheed, Defendants.

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

January 21, 1983.

Attorney(s) appearing for the Case

W. Shelby Coates, Jr., New York City, for plaintiff.

Guggenheimer & Untermyer, for defendant Transamerica Delaval, Inc., New York City, Robert E. Smith, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

The defendant Transamerica Delaval, Inc. ("Delaval") moves pursuant to Rule 12(b)(6) to dismiss the complaint herein for failure to state a claim on which relief may be granted. In the complaint, the plaintiff, Power East Limited ("Power East"), has alleged in Count One a violation of section 1 of the Sherman Antitrust Act and in Count Two a breach of an oral contract involving a finder's fee. I...

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