FRASER v. DOUBLEDAY & CO., INC.

No. 81 CIV 5339 (LBS).

587 F.Supp. 1284 (1984)

Wilmot Alfred FRASER and John Birks Gillespie, a/k/a Dizzie Gillespie, Plaintiffs, v. DOUBLEDAY & COMPANY, INC., Defendant.

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

May 17, 1984.


Attorney(s) appearing for the Case

Orzo Thaddeus Wells, New York City, Cecil J. Banks, Newark, N.J., for plaintiffs.

Satterlee & Stephens, New York City, for defendant; Robert M. Callagy, Cindy V. Schlaefer, New York City, of counsel.


OPINION

SAND, District Judge.

Plaintiff Wilmot Fraser instituted this action in 1981. Upon defendant's request, Mr. Gillespie was joined as a necessary party in 1983. Plaintiff Fraser then served a third amended complaint which names Mr. Gillespie as a co-plaintiff and asserts five causes of action. Defendant has moved for summary judgment pursuant to Fed.R.Civ.P. 56(b). For the following reasons, we conclude that a grant of partial summary judgment pursuant...

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