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DS CAPITAL, INC. v. CARLISLE SPORTS EMPORIUM, INC.

No. 00-CV-424.

116 F.Supp.2d 376 (2000)

DS CAPITAL, INC., Plaintiff, v. CARLISLE SPORTS EMPORIUM, INC., Defendant.

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

September 25, 2000.

Attorney(s) appearing for the Case

Richard A Kraslow, Melville, NY, for plaintiff.

Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Philadelphia, PA, by Ira A. Rosenau, of counsel, for defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this diversity action, the Plaintiff, DS Capital, Inc. ("DS") alleges causes of action for breach of contract and fraud against the Defendant, Carlisle Sports Emporium, Inc. ("Carlisle"), resulting from a failed agreement between them involving a $ 5.2 million financing deal. Presently before the Court are motions by Carlisle to dismiss the complaint for failure to state a claim under Fed.R.Civ.P...

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