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HOWE v. READER'S DIGEST ASS'N, INC.

No. 87 Civ. 2481 (MBM).

686 F.Supp. 461 (1988)

A.W. HOWE, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. The READER'S DIGEST ASSOCIATION, INC. and Dial Adjustment Bureau, Inc., Defendants.

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

May 27, 1988.

Attorney(s) appearing for the Case

Kenneth A. Jacobsen, Greenfield & Chimicles, Haverford, Pa., for plaintiff.

David O. Wright, Stern, Zauderer, Ellenhorn, Frischer & Sharp, New York City, for defendant Reader's Digest.

Arthur R. Lehman, Lehman & Gikow, New York City, for defendant Dial Adjustment Bureau.

OPINION AND ORDER

MUKASEY, District Judge.

Defendants Reader's Digest Association, Inc. and Dial Adjustment Bureau, Inc. have moved pursuant to Rules 9(b) and 12(b), Fed.R.Civ.P., to dismiss plaintiff A.W. Howe's complaint for failure to plead fraud with particularity and for failure to state a claim on which relief can be granted. By order dated November 19, 1987, pursuant to Rule 12(b), Fed.R.Civ.P., Judge John M. Walker, Jr. converted defendants' motion...

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