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PATEL v. CONTEMPORARY CLASSICS OF BEV. HILLS

Nos. 98-9459(L), 99-7489(CON).

259 F.3d 123 (2001)

Kanti A. Patel, Plaintiff-Appellant, v. Contemporary Classics of Beverly Hills and Herbert Schachter, Defendants, Alan Neadle, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 3, 2001.

Attorney(s) appearing for the Case

SANATKUMAR V. PANDIT, W. Hartford, CT, for Plaintiff-Appellant.

STEPHEN McELENY, McEleny & McGrail, Hartford, CT, (Albert J. McGrail, on the brief) for Defendant-Appellee, Alan Neadle.

WILLIAM J. DOYLE, Wiggin & Dana, New Haven, CT, for Defendants Contemporary Classics of Beverly Hills and Herbert Schachter.

Before: McLAUGHLIN, POOLER, and KOELTL, .

McLAUGHLIN, Circuit Judge

"What's in a name? That which we call a rose By any other name would smell as sweet." William Shakespeare, Romeo and Juliet, act 2, sc. 2.

In this appeal, we review the decision of the district court to consider a motion expressly made under Fed.R.Civ.P. 12(b)(6) to dismiss despite the fact (according to the plaintiff) that the defendant had already filed a valid answer. Regardless of whether the pleadings were, in fact, closed-a...

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