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SCHWARTZ v. FORTUNE MAGAZINE

No. 98 CIV. 7444(RLC).

89 F.Supp.2d 429 (1999)

Barth David SCHWARTZ, Plaintiff, v. FORTUNE MAGAZINE, a division of Time, Inc., Defendant.

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

December 16, 1999.

Attorney(s) appearing for the Case

Lee Henig-Elona, Parker, Chapin, Flattau & Klimpl, LLP., New York City, for Plaintiff.

Paul G. Gardephe, Deputy General, Milton L. Williams, Jr., Assistant General, General Counsel's Office, New York City, for Defendant.

OPINION

ROBERT L. CARTER, District Judge.

This breach of contract action, filed by plaintiff Barth David Schwartz, is before the court on the motion of defendant FORTUNE Magazine, a division of TIME, Inc., ("FORTUNE") for judgment as a matter of law, pursuant to Fed.R.Civ.P. 50(b). Plaintiff sued FORTUNE for allegedly violating ¶ 17 and ¶ 32 of the contract the parties entered on August 1, 1997. A jury trial was held on plaintiff's claim...

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