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  5. 842 F.Supp. 693 (1993)
 

ITALIAN & FRENCH WINE CO. v. NEGOCIANTS U.S.A.

No. 91-CV-803A.

842 F.Supp. 693 (1993)

ITALIAN & FRENCH WINE COMPANY OF BUFFALO, INC., Plaintiff, v. NEGOCIANTS U.S.A., INC., and Lauber Imports, Ltd., Defendants.

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

November 10, 1993.

Attorney(s) appearing for the Case

Michael M. Babat, Albert H. Engel, Buffalo, NY, for plaintiff.

Mitchell A. Kramer & Associates (Stacey P. Nakasian, of counsel), Jenkintown, PA, for defendant Negociants U.S.A.

O'Donnell, Fox & Gartner, P.C. (William G. O'Donnell, of counsel), New York City, for defendant Lauber Imports, Ltd.

ORDER

ARCARA, District Judge.

This matter was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on April 14, 1992. On January 31, 1992, Lauber Imports, Ltd. ("Lauber") filed a motion to dismiss the complaint for failure to state a cause of action. Negociants U.S.A., Inc. ("Negociants") filed a motion to dismiss on February 6, 1992. In response, plaintiff filed a First Amended Complaint on March 21, 1992. In April 1992...

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