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AZBY BROKERAGE, INC. v. ALLSTATE INS. CO.

No. 85 Civ. 3594(RJW).

637 F.Supp. 382 (1986)

AZBY BROKERAGE, INC., d/b/a Shellbank Brokerage of Brooklyn, Inc.; Shellbank Brokerage, Inc.; and HarLem Brokerage, Inc., on Behalf of themselves and all other insurance brokers similarly situated, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

April 2, 1986.

Attorney(s) appearing for the Case

Weg and Myers, P.C., New York City, for plaintiffs; Frank A. Weg, Ira M. Myers, of counsel.

Cahill Gordon & Reindel, New York City, for defendant; Charles Platto, Kevin Burke, Jacqueline McCarthy, William Jacobson, Thomas McCaffrey, of counsel.

OPINION

ROBERT J. WARD, District Judge.

This is an action founded upon diversity of citizenship. See 28 U.S.C. § 1332. Defendant moves pursuant to Rule 12(b)(1) and 12(b)(6), Fed.R.Civ.P., for an order dismissing the complaint on the grounds of primary jurisdiction, failure to exhaust state administrative or judicial remedies, and failure to state a claim on which relief can be granted. For the reasons that follow, the motion is granted in part...

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