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NEWMAN & SCHWARTZ v. ASPLUNDH TREE EXPERT CO.

No. 477, Docket 96-7405.

102 F.3d 660 (1996)

NEWMAN & SCHWARTZ, Plaintiff-Appellant, v. ASPLUNDH TREE EXPERT CO., INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Paul A. Batista, New York City, for Plaintiff-Appellant.

Walter P. Loughlin, New York City (Latham & Watkins, of counsel), for Defendant-Appellee.

Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.

OAKES, Senior Circuit Judge:

Plaintiff-Appellant Newman & Schwartz appeals from dismissal of its complaint on defendant's Fed.R.Civ.P. 12(b)(6) motion. The judgment, dated March 14, 1996, and entered in the United States District Court for the Southern District of New York, Deborah A. Batts, Judge, found that plaintiff had failed to state a claim upon which relief could be granted, and dismissed its complaint. See Newman & Schwartz v. Asplundh Tree...

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