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NCC SUNDAY INSERTS v. WORLD COLOR PRESS, INC.

No. 86 Civ. 9647 (GLG).

692 F.Supp. 327 (1988)

NCC SUNDAY INSERTS, INC. and Marketing Corporation of America, Plaintiffs, v. WORLD COLOR PRESS, INC., Defendant.

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

August 30, 1988.

Attorney(s) appearing for the Case

Levett, Rockwood & Sanders, P.C., Westport, Conn. (David R. Levett, Madeleine F. Grossman, Dorit S. Heimer, of counsel), and Friedman, Wang & Bleiberg, P.C., New York City, for plaintiffs.

Gallop, Johnson & Neuman, St. Louis, Mo. (Samuel C. Ebling, David W. Harlan, Thomas M. Newmark, of counsel), Latham & Watkins, New York City (Selvyn Seidel, John D. Shyer, of counsel), for defendant.

OPINION

GOETTEL, District Judge:

The defendant World Color Press, Inc. ("World") moves to dismiss counts two and three of the plaintiffs' first amended complaint, contending that the plaintiffs have not met the particularity requirements of Fed.R.Civ.P. 9(b). Count two of the plaintiffs' amended complaint alleges fraud in connection with the negotiation and performance of a requirements contract between the parties for printing services. Count three, which...

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