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KREISS v. McCOWN DE LEEUW & CO.

No. 97 Civ. 9448 (MJL)(RJW).

37 F.Supp.2d 294 (1999)

David B. KREISS and Gregory M. Shelton, Plaintiffs, v. McCOWN DE LEEUW & CO. and Outsourcing Solutions, Inc., Defendants.

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

March 4, 1999.

Attorney(s) appearing for the Case

White & Case LLP, New York City (Glenn M. Kurtz, Daniel P. Goldberg, of counsel), for defendants.

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, New York City (Richard M. Zaroff, Mitchell R. Kulick, Denise Rubin Glatter, of counsel), for plaintiffs.

OPINION

WARD, District Judge.

Defendants McCown DeLeeuw & Co. ("MDC") and Outsourcing Solutions, Inc. ("OSI") (collectively, "Defendants") move to dismiss this diversity action pursuant to Federal Rule of Civil Procedure 12(b)(6).1 For the reasons stated below, Defendants' motion is granted in part and denied in part.

BACKGROUND2

For many years plaintiffs David Kreiss ("Kreiss...

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