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ALZHEIMER'S FOUND. OF AM. v. ALZHEIMER'S DISEASE

Nos. 10 Civ. 3314, 10 Civ. 5013.

796 F.Supp.2d 458 (2011)

ALZHEIMER'S FOUNDATION OF AMERICA, INC., d/b/a Alzheimer's Foundation, Plaintiff, v. ALZHEIMER'S DISEASE AND RELATED DISORDERS ASSOCIATION, INC., d/b/a Alzheimer's Association and Northern Trust Bank, Defendants.

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

May 25, 2011.

Attorney(s) appearing for the Case

Fensterstock & Partners LLP, by: Blair C. Fensterstock, Esq. , Eugene D. Kublanovsky, Esq. , Brooke K. Haley, Esq. , New York, NY, Ingber & Gelber, LLP, by: Mark J. Ingber, Esq. , Millburn, NJ, for Plaintiff.

McDermott Will & Emery LLC, by: Joseph R. Robinson, Esq. , Motty Shulman, Esq. , Jack Wilson, Esq. , New York, NY, for Defendants.

OPINION

SWEET, District Judge.

These two actions have presented dueling motions to dismiss pursuant to Rule 12(b)(6). In the first filed action, 10 Civ. 3314, the defendants Alzheimer's Disease and Related Disorders Association (the "Association") and Northern Trust (the "Trust") have moved to dismiss the Amended Complaint of the Alzheimer's Foundation of Americas, Inc. (the "Foundation"). In the second filed action, 10

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