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NATIONAL FOODS, INC. v. RUBIN

No. 89 Civ. 2930 (MGC).

749 F.Supp. 1242 (1990)

NATIONAL FOODS, INC., Plaintiff, v. Schulem RUBIN, individually and as Director of the Kosher Law Enforcement Division of the Department of Agriculture and Markets of the State of New York, Defendant.

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

July 24, 1990.

Attorney(s) appearing for the Case

Stein, Zauderer, Ellenhorn, Frischer & Sharp by David N. Ellenhorn, Harry Frischer, Daniel J. Rothstein, New York City, for plaintiff.

Rosenman & Colin by Gerald Walpin, Charles E. Knapp, New York City, for defendant.

CEDARBAUM, District Judge.

After oral argument, I denied defendant's motion to assess sanctions against the plaintiff under Fed.R.Civ.P. 11 and reserved decision on defendant's application for attorneys' fees pursuant to the Civil Rights Attorney's Fees Awards Act of 1976. 42 U.S.C. § 1988. My examination of the opinions interpreting section 1988 does not support defendant's argument that in enacting section 1988 Congress intended that plaintiffs should bear...

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