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DIAMOND v. STRASSBERG

No. 89 CIV. 3278 (DNE).

751 F.Supp. 1152 (1990)

DIAMOND, Plaintiff, v. STRASSBERG, et al., Defendants.

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

December 5, 1990.

Attorney(s) appearing for the Case

O'Donnell Fox & Gartner, New York City (William G. O'Donnell, of counsel), for plaintiff.

Saiber, Schlessinger, Satz & Goldstein, Newark, N.J. (Bruce I. Goldstein, James H. Aibel, of counsel), for defendants.

MEMORANDUM & ORDER

EDELSTEIN, District Judge:

Defendants move pursuant to Fed.R. Civ.P. 12(b)(6) to dismiss both counts of plaintiffs' amended complaint. For reasons to be discussed, defendants' motion is granted.

I. Background

The material facts are not in dispute. Plaintiff Diamond is president of Print-Art Services ("PAS"), a company which provides appraisal and auction services...

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