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KAPPEL v. COMFORT

95 Civ. 2121 (MBM).

914 F.Supp. 1056 (1996)

Joseph J. KAPPEL and Gamma Investment Corporation, Plaintiffs, v. William T. COMFORT, Richard E. Mayberry, Jr., Kilin To, David F. Thomas, Peter E. Gerry and John R. Whitman, Defendants.

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

February 15, 1996.

Attorney(s) appearing for the Case

Donald J. Balsley, Jr., Pittsburgh, PA, for Plaintiffs.

Peter A. Bellacosa, Kirkland & Ellis, New York City, for Defendants.

Chaim T. Kiffel, Kirkland & Ellis, Chicago, IL.

OPINION AND ORDER

MUKASEY, District Judge.

Defendants have moved to stay this action pending resumption or conclusion of related litigation in Pennsylvania, and defendant John R. Whitman has moved pursuant to Fed.R.Civ.P. 12(b)(2) to dismiss for failure to serve process in accordance with Fed. R.Civ.P. 4(e) and N.Y.Civ.Prac.L. & R. 308(2). For the reasons and to the extent set forth below, both motions are granted.

I.

The complaint...

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