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  5. 843 F.Supp. 851 (1994)
 

GAINES, EMHOF, METZLER & KRINER v. NISBERG

No. 93-CV-651C.

843 F.Supp. 851 (1994)

GAINES, EMHOF, METZLER & KRINER, Plaintiff, v. Jay N. NISBERG, Defendant.

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

February 24, 1994.

Attorney(s) appearing for the Case

Mattar & D'Agostino (Krista Gottlieb, of counsel), Buffalo, NY, for plaintiff.

Falk & Siemer (Alvin M. Glick, of counsel), Buffalo, for defendant.

CURTIN, District Judge.

This is a copyright infringement case in which plaintiff Gaines, Emhof, Metzler & Kriner asserts that defendant Jay Nisberg misappropriated a publication that it describes as its "marketing guide." Defendant has moved to dismiss on grounds of improper venue and insufficiency of service of process, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(5). Item 4. In the alternative, he has moved that if the court declines to dismiss...

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