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NEWSPAPER & MAIL DELIVERERS v. UNITED MAGAZINE

No. CV 92-0449 (ADS).

829 F.Supp. 561 (1993)

NEWSPAPER AND MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, Robert Paletta and Barbara Kalish, as Trustees of the Publishers'-Newspaper and Mail Deliverers' Welfare Fund and the Newspaper and Mail Deliverers'-Publishers Pension Fund, Plaintiffs, v. UNITED MAGAZINE COMPANY, Yankee News Co., Inc., Ronald E. Scherer, Magazine Distributors, Inc., MDI Distributors, Limited Partnership and Robert B. Cohen, Defendants.

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

April 10, 1993.

Attorney(s) appearing for the Case

O'Connor & Mangan, P.C. by J. Warren Mangan, Long Island City, NY, for plaintiffs.

Townley & Updike by John D. Canoni, Christopher D'Angelo, New York City, for defendants United Magazine Co. and Ronald E. Scherer.

David A. Mortman, P.C. by Johan de Muinck Keizer, New York City, for defendants Magazine Distributors, Inc., MDI Distributors, Limited Partnership, and Robert B. Cohen.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The Court issued a Memorandum Decision and Order dated November 27, 1992 that: (1) denied the motion to dismiss the complaint for lack of subject matter jurisdiction; (2) granted the motion to dismiss the first cause of action for failure to state a claim; (3) denied the motion to dismiss the second and third causes of action for failure to state claims; (4) denied the motion to dismiss the complaint for...

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