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EMPIRE BLUE CROSS AND BLUE SHIELD v. FINKELSTEIN

No. 1049, Docket 95-7761.

111 F.3d 278 (1997)

EMPIRE BLUE CROSS AND BLUE SHIELD, Plaintiff-Appellee, v. Reuven FINKELSTEIN and Simon Greenbaum, a/k/a Simon Green, Defendants-Appellants, Pinchus Horowitz; Levi Horowitz; Steven Stone; Barbara Wexler; Abraham Brin; Michael Klein; Simon Green; KCG Computing, Inc.; G. Contracting, Inc.; Kent Mills, Inc.; East Imports, Inc.; Avrechai Gur; Medin Realty Corp.; Bredis Food Handlers; Zeigel Manor Realty Sales; And Mardon Manufacturing And Hospital Software, Defendants.

United States Court of Appeals, Second Circuit.

Decided April 10, 1997.

Attorney(s) appearing for the Case

Richard A. Finkel, Meissner, Kleinberg & Finkel, New York City, for Defendants-Appellants.

Boyd M. Johnson, Gibson, Dunn & Crutcher, New York City, for Plaintiff-Appellee.

Before: LUMBARD, ALTIMARI, and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

A motion to dismiss this appeal was filed by plaintiff-appellee Empire Blue Cross and Blue Shield ("Empire"), on November 6, 1995. We granted the motion, with opinion to follow.

By way of background, Empire brought an action in the United States District Court for the Eastern District of New York (Wexler, J.) against defendants-appellants Reuven Finkelstein and Simon Greenbaum (and others...

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