No. 86 Civ. 9960 (MP).

659 F.Supp. 907 (1987)

Larry MARSHAK, Plaintiff, v. Rick SHEPPARD, Mike Vogel, and A.S.V., Inc., Defendants.

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

May 11, 1987.

Attorney(s) appearing for the Case

Marcus & Marcus, New York City by Clark A. Marcus and Kathy N. Rosenthal, for plaintiff.

Joseph E. Zynczak, P.C., New York City by Christopher R. Whent, for defendants.


MILTON POLLACK, Senior District Judge.

Defendant Rick Sheppard has applied for a stay of this action. The ground of the application is that there is a prior action pending between him and plaintiff in New York State court "for the same cause of action."


Plaintiff Larry Marshak is the manager of a performing group known as "The Drifters." He claims to be the owner of a federally...

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