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MARGATE INDUSTRIES, INC. v. SAMINCORP. INC.

No. 80 Civ. 5360 (MJL).

582 F.Supp. 611 (1984)

MARGATE INDUSTRIES, INC., Lancer Manufacturing Corp., and Milton Kleinman, Plaintiffs, v. SAMINCORP. INC., Defendant.

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

March 9, 1984.

Attorney(s) appearing for the Case

Suozzi, English, Cianciulli & Peirez, P.C., Mineola, N.Y., for plaintiffs.

Fox, Glynn & Melamed by John R. Horan, Rachel Korn, Jeffrey P. Wiegand, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

INTRODUCTION

In this diversity action, plaintiffs by their amended complaint allege six claims arising out of a joint venture agreement with defendants.1 There is no dispute that the parties entered into an oral joint venture to sell hardware in or about May or June 1978, with all parties expressing an intention to reduce the agreement to writing.

Plaintiffs...

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