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SENDAR CO., INC. v. MEGAWARE INC.

No. 87 Civ. 8027 (PKL).

705 F.Supp. 159 (1989)

The SENDAR COMPANY, INC., Plaintiff, v. MEGAWARE INCORPORATED, Megaware, Inc. of California, and Issa Batarse, Defendants.

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

January 30, 1989.

Attorney(s) appearing for the Case

Scheffler Karlinsky & Stein, New York City (Martin E. Karlinsky, of counsel), for plaintiff.

Klayman & Gurley, P.C., Washington, D.C. (Larry Klayman, John Gurley, Michael C. Diedring, of counsel), LeBoeuf, Lamb, Lieby & Macrae, New York City (Richard M. Berman, of counsel), for defendants.

OPINION & ORDER

LEISURE, District Judge:

Plaintiff filed a complaint (the "initial complaint" or "complaint") in this diversity action on November 10, 1987, seeking damages for breach of a product distribution contract, for fraud, and for violations of the Racketeer Influenced and Corrupt Organizations ("RICO") statute, 18 U.S.C. §§ 1961-1964. Defendants moved to dismiss the complaint pursuant to Fed.R. Civ.P. 9(b) and 12(b)(6). In an opinion...

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