VEGETABLE KINGDOM, INC. v. KATZEN

No. 85-CV-728.

653 F.Supp. 917 (1987)

The VEGETABLE KINGDOM, INC., Plaintiff, v. Mollie KATZEN, Phillip Wood, and Phillip Wood, Inc., Defendants. PHILLIP WOOD, INC., d/b/a Ten Speed Press, Cross-Claimant, v. Mollie KATZEN, Cross-Defendant. Mollie KATZEN, Third-Party Plaintiff, v. Susan HARVILLE, Susan Cheney, Flora Marranca, Joan Adler, Ashley Miller, Celeste Tischler Materi, Bob Love, Linda Dickinson, David Hirsch, Jim Legott, Yvonne Fisher, Ira Rabois, Cary Joseph, Lisa Wichman, Therese Tischler, Andrea Gladstone, and Mitch Weiss, individually and as partners of "Estelle," a New York General Partnership, and "Estelle," a New York General Partnership, Third-Party Defendants.

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

February 19, 1987.


Attorney(s) appearing for the Case

Moses & Singer, New York City, for plaintiff and third-party defendants Susan Harville, Flora Marranca, Ashley Miller, Linda Dickinson, Ira Rabois, Cary Joseph, Therese Tischler, Mitch Weiss, and "Estelle"; Jules F. Simon, of counsel.

Byoucos, Barney, Grossman & Ross, Ithaca, N.Y., for plaintiff and the above-named third-party defendants; Peter Grossman, of counsel.

Lacy, Katzen, Ryen & Mittleman, Rochester, N.Y., for defendant and third-party plaintiff Mollie Katzen; Peter T. Rodgers, of counsel.

Mentor, Rudin & Trivelpiece for defendant and third-party plaintiff Mollie Katzen; Edward M. Zachary, of counsel.

Townsend & Townsend, San Francisco, Cal., for defendants Phillip Wood and Phillip Wood, Inc.; Dirk B. Foster, of counsel.

Coulter, Fraser, Ames, Bolton, Bird & Ventre, Syracuse, N.Y., for defendants Phillip Wood and Phillip Wood, Inc.; Bruce Bolton, of counsel.

Bixler & Stumbar, Ithaca, N.Y., for third-party defendant Susan Cheney; L. Richard Stumbar, of counsel.


MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

Before the court are two motions brought by defendant and third-party plaintiff Mollie Katzen. Katzen seeks to disqualify the law firm of Moses & Singer, which represents plaintiff Vegetable Kingdom, Inc. ("Vegetable Kingdom" or "plaintiff") from also representing the third-party defendants named in Katzen's third-party complaint on the grounds of an alleged...

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