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VALUE TIME, INC. v. WINDSOR TOYS, INC.

No. 88 Civ. 3788 (RWS).

709 F.Supp. 436 (1989)

VALUE TIME, INC., d/b/a Value Plus, Plaintiff, v. WINDSOR TOYS, INC., Defendant and Third-Party Plaintiff, v. Allan RIGBERG, and Allan Rigberg, d/b/a Values Plus, Third-Party Defendants.

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

March 24, 1989.

Attorney(s) appearing for the Case

Golenbock and Barell, New York, for plaintiff and third-party defendants (Robert S. Goodman, of counsel).

Handal & Morofsky, Norwalk, Conn., for defendant and third-party plaintiff (Anthony H. Handal, Christopher Grahame-Smith, of counsel).

OPINION

SWEET, District Judge.

Third-party defendants Allan Rigberg ("Rigberg") and Allan Rigberg d/b/a Values Plus (collectively, the "Rigberg defendants") have moved pursuant to Fed.R. Civ.P. 12(b)(6) to dismiss the complaint of defendant and third-party plaintiff Windsor Toys, Inc. ("Windsor Toys"). For the reasons set forth below, the motion is granted and the complaint is dismissed.

The Parties

Plaintiff Value Time, Inc., d...

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