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BRIDGE C.A.T. SCAN ASSOCIATES v. OHIO-NUCLEAR INC.

No. 84 Civ. 0539 (EW).

608 F.Supp. 1187 (1985)

BRIDGE C.A.T. SCAN ASSOCIATES and Harbor C.A.T. Scan Associates, P.C., Plaintiffs, v. OHIO-NUCLEAR INC. d/b/a Technicare Corporation and Johnson & Johnson, Inc., Defendants. TECHNICARE CORPORATION, Third-Party Plaintiff, v. John E. MURPHY, Sigmund Weiss, Harold Peller, Paul Slotwiner, Morris Goldfarb, Aaron Goldfarb, Zurich Gelender, John R. Jakobson, Peter Jakobson, Bernard Ellman, Daniel Brodsky, Nathan C. Brodsky and Lawrence Helfant, Third-Party Defendants.

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

May 14, 1985.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City, for defendants and third-party plaintiff; David F. Dobbins, Esther Koslow, Emily R. Remes, Daniel A. Nardello, New York City, of counsel.

Hurley, Kearney & Lane, Brooklyn, N.Y., for third-party defendant, John E. Murphy; Kevin M. Kearney, Brooklyn, N.Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Third party defendant John E. Murphy ("Murphy") moves, pursuant to Rule 12(b)(6) Fed.R.Civ.P., to dismiss the claims of Technicare Corporation ("Technicare") or, in the alternative, pursuant to Rule 56, for summary judgment. The claims against Murphy are the only ones remaining in this action formerly replete with claims and counterclaims by and against numerous parties. Technicare has settled its differences with...

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