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KIRKPATRICK v. RAYS GROUP

No. 98-CV-749A(F).

71 F.Supp.2d 204 (1999)

Patricia KIRKPATRICK, d/b/a Wee Golf, a division of Anything's Possible, Plaintiff, v. THE RAYS GROUP, an unincorporated association that includes Rays Apparel, Inc. d/b/a Zeppelin, d/b/a Uh! Oh, d/b/a Bistro, d/b/a Jack and Spike, d/b/a Scusa, d/b/a Teenie Weenie Bambini, d/b/a Bondi Beach, d/b/a AMFM, d/b/a Zeppi, d/b/a OP Ocean Pacific, and James Stark d/b/a Stark Concepts, Rays & Associates Ltd., and Rays Group, Defendants.

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

October 13, 1999.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, LLP, Daniel C. Oliverio, Leecia Roberta Eve, of Counsel, Buffalo, NY, for Plaintiff.

Kestenbaum, Dannenberg & Klein, LLP, Jeffrey C. Dannenberg, of Counsel, New York, NY, for Defendants.

ORDER

ARCARA, District Judge.

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on February 10, 1999. On September 17, 1999, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion to dismiss should be granted in part and denied in part.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings...

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