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RATES TECHNOLOGY, INC. v. DIORIO

No. 85 CV 1819.

626 F.Supp. 1295 (1986)

RATES TECHNOLOGY, INC., a Delaware corporation, Individually and on behalf of Advanced Telecommunications and Manufacturing Corp., a Delaware corporation in formation, Plaintiff, v. Peter A. DIORIO and Universal Payphone Corporation, a New Mexico Corporation, Defendants.

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

January 30, 1986.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City, (Howard Seife, of counsel) and Mershon, Sawyer, Johnston, Dunwoody & Cole, Miami, Fla. (Stephen M. Corse, of counsel), for plaintiff.

Kenyon & Kenyon, New York City (Jonathan D. Reichman, of counsel) and Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, N.M. (Richard E. Olson, of counsel), for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is an action for breach of contract, fraud and breach of fiduciary duty arising out of the parties' ill-fated attempt at a joint venture. Defendants move to dismiss the action for lack of personal jurisdiction. Fed.R.Civ.P. 12(b)(2).

Facts

Plaintiff is a Delaware corporation with its principal place of business in New York. Defendant Universal Payphone Corporation ("Universal...

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