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NEWMAN & SCHWARTZ v. ASPLUNDH TREE EXPERT CO.

No. 95 Civ. 0810.

917 F.Supp. 265 (1996)

NEWMAN & SCHWARTZ, Plaintiff, v. ASPLUNDH TREE EXPERT CO., Defendant.

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

March 12, 1996.

Attorney(s) appearing for the Case

Paul A. Batista, Newman & Schwartz, New York City, for plaintiff.

Walter P. Loughlin, Latham & Watkins, New York City, for defendant.

MEMORANDUM and ORDER

BATTS, District Judge.

Plaintiff brought suit for payment of legal fees alleged to be guaranteed by Defendant, but incurred by an employee of the Defendant's subsidiary. Defendant has moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. For the reasons stated below, Defendant's Motion is granted, and Plaintiff's Complaint is dismissed in its entirety.

I. BACKGROUND

In May 1990,...

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