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GLOBE COMMUNICATIONS v. R.C.S. RIZZOLI PERIODICI

No. 87 CIV. 7390 (LBS).

729 F.Supp. 973 (1990)

GLOBE COMMUNICATIONS CORP., Plaintiff, v. R.C.S. RIZZOLI PERIODICI, S.p.A., Defendant.

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

January 29, 1990.

Attorney(s) appearing for the Case

Milgrim Thomajan & Lee P.C. New York City (Andrew L. Deutsch and James J. Carroll, of counsel), Deutsch, Levy & Engel Chartered, Chicago, Ill. (Paul M. Levy, of counsel), for plaintiff.

Werbel McMillin & Carnelutti, New York City (Joseph D. Pope, of counsel), for defendant.

OPINION

SAND, District Judge.

Defendant R.C.S. Rizzoli Periodici, S.p.A. ("Rizzoli") moves this Court pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint for failure to state a claim. We deny Rizzoli's motion.

Facts

Plaintiff Globe Communications Corp. ("Globe") publishes the weekly magazine Globe, which is sold throughout the United States and Canada. In May 1984, Rizzoli...

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