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DEMALCO LTD. v. FELTNER

No. 83 Civ. 6817.

588 F.Supp. 1277 (1984)

DEMALCO LTD., Plaintiff, v. C. Elvin FELTNER, Jr., Defendant.

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

July 17, 1984.

Attorney(s) appearing for the Case

Howard Gotbetter, New York City, for plaintiff.

Perles & Albert, New York City, for defendant; David A. Beale, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Defendant moves to dismiss plaintiff's amended complaint pursuant to Fed.R. Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted, and pursuant to Fed.R.Civ.P. 9(b) for failure to plead fraud with particularity. Alternatively, defendant seeks summary judgment. The motion to dismiss for failure to state a claim is granted.

The allegations...

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