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MURRAY v. MINER

No. 203, Docket 95-7256.

74 F.3d 402 (1996)

John J. MURRAY, James N. Berardi, Robert A. Petitti, and Joseph M. Hurley, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Cory J. MINER, Paul I. Brown, and MMAR Group, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 18, 1996.

Attorney(s) appearing for the Case

Daniel A. Lowenthal, III, New York City (Francis Carling, Winthrop, Stimson, Putnam & Roberts, New York City, of counsel), for Appellants.

Donato Caruso, New York City (William M. Spelman, Lambos & Giardino, New York City, of counsel), for Appellees.

Before: MESKILL, ALTIMARI and McLAUGHLIN, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York dismissing a complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. We affirm the dismissal and hold that the single employer doctrine does not apply in the absence of an employer-employee relationship at the time of the alleged wrong.

BACKGROUND

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