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FINEST FRUITS, INC. v. BERTUCA

No. 88 Civ. 7250 (JMW).

714 F.Supp. 94 (1989)

FINEST FRUITS, INC. and L & P Fruit Corp., Plaintiffs, v. Teddy BERTUCA, d/b/a Teddy Bertuca Co., R & C Distributing Inc., Mark Levinson and Cecil Weinberg, individually and d/b/a R & C Distributing, Inc., Defendants.

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

June 1, 1989.

Attorney(s) appearing for the Case

Mark Mandell, New York City, for plaintiffs.

Elliot Epstein, Mineola, N.Y., for defendants.

MEMORANDUM AND ORDER

WALKER, District Judge:

Defendants move, pursuant to Fed.Rule Civ.P. 12(b) and (c), to dismiss the complaint upon the grounds that: (1) this Court lacks personal jurisdiction over the defendants; (2) venue in this District is improper; (3) the complaint fails to state a claim against each named defendant upon which relief can be granted; (4) there are presently pending formal proceedings with the United States Department of Agriculture...

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