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B AND B ASSOCIATES v. FONNER

No. 87 Civ. 4713 (JES).

700 F.Supp. 7 (1988)

B AND B ASSOCIATES, a New York Partnership, Plaintiff, v. Benton R. FONNER and Wilshire Financial Center, Ltd., a California Limited Partnership, Defendants.

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

November 29, 1988.

Attorney(s) appearing for the Case

Wiener, Zuckerbrot & Weiss, New York City (Dennis M. Rothman, of counsel), for plaintiff.

Benton R. Fonner, Los Angeles, Cal., pro se.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

In this action, plaintiff B and B Associates sues Benton R. Fonner ("Fonner") and Wilshire Financial Center Ltd. ("Wilshire") for failure to pay under the terms of a settlement agreement. Subject matter jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), and no defense as to personal jurisdiction has been asserted. Plaintiff has moved for summary judgment against Benton R....

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