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EXECUTIVE PHOTO, INC. v. NORRELL

No. 90 Civ. 0391 (PKL).

756 F.Supp. 798 (1991)

EXECUTIVE PHOTO, INC., Plaintiff, v. Rene NORRELL, Defendant. Rene NORRELL, Third-Party Plaintiff, v. Solomon BORNFREUND, Third-Party Defendant.

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

February 7, 1991.

Attorney(s) appearing for the Case

Litman, Asche, Lupkin & Gioiella, New York City (Richard M. Asche, Frederick L. Sosinsky, of counsel), for plaintiff.

Steven J. Schwartzapfel, P.C., New York City (Joseph Soffer, of counsel), for defendant.

ORDER AND OPINION

LEISURE, District Judge:

This is an action for conversion of property, and for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961, et seq. Defendant Rene Norrell has now moved to dismiss the complaint in this action, pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1), 12(b)(6) and 12(c). For the reasons set forth below, defendant's motion is granted in part and denied...

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