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WARNER THEATRE ASSOC. LTD. v. METROPOLITAN LIFE INS.

Docket No. 97-9552.

149 F.3d 134 (1998)

WARNER THEATRE ASSOCIATES LIMITED PARTNERSHIP, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 6, 1998.

Attorney(s) appearing for the Case

David A. Cutner, Cutner & Associates, New York City, (Debra I. Resnick, of counsel), for Plaintiff-Appellant.

Anthony Zitrin, Law Offices of Donald J. Harman, New York City, for Defendant-Appellee.

Before: WINTER, Chief Judge, JACOBS, Circuit Judge, and CARMAN, Judge.

WINTER, Chief Judge:

This appeal involves the effect of specific disclaimers regarding the terms of potential financing in a negotiation agreement. Warner Theatre Associates Limited Partnership ("Warner") appeals from Judge Sotomayor's dismissal of its complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In its complaint, Warner alleged that it was fraudulently induced to enter into...

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