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CAPITAL NAT. BANK OF NEW YORK v. McDONALD'S CORP.

No. 84 Civ. 7238 (GLG).

625 F.Supp. 874 (1986)

CAPITAL NATIONAL BANK OF NEW YORK and Capital National Bank of New York as Assignee and Successor-In-Interest to Juan Miranda and Jim Restaurant Corp., Inc., Plaintiff, v. McDONALD'S CORPORATION and McDonald's Business Facilities Corporation, Inc., Defendants.

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

January 8, 1986.

Attorney(s) appearing for the Case

Lester A. Lazarus, P.C., New York City, for plaintiff; Harvey F. Friedman, of counsel.

Davis, Markel, Dwyer & Edwards, New York City, for defendants; Steven M. Edwards, Paula Lambert Liang, of counsel.

OPINION

GOETTEL, District Judge.

Before the Court are the motions of defendants McDonald's Corporation and McDonald's Business Facilities Corporation, Inc. (collectively "McDonald's") to dismiss the amended complaint pursuant to Fed.R. Civ.P. 12(b)(6), or, in the alternative, for summary judgment under Fed.R.Civ.P. 56, and for sanctions, including reasonable attorney's fees, under Rules 11 and 37(c) of the Federal...

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