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ZATZ v. HERTZ, NEUMARK & WARNER

No. 66 Civ. 2421.

262 F.Supp. 928 (1966)

Jack ZATZ, Plaintiff, v. HERTZ, NEUMARK & WARNER, a Limited Partnership, S. F. C. Investors, Inc., and Spingarn Heine & Co., a General Partnership, Defendants.

United States District Court S. D. New York.

December 15, 1966.

Attorney(s) appearing for the Case

Mitchell Salem Fisher, New York City, for plaintiff. Robert Wang, Victor P. Greene, New York City, of counsel.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant S.F.C. Investors, Inc. Gerald Walpin, New York City, of counsel.

BONSAL, District Judge.

MEMORANDUM

Defendant S.F.C. Investors, Inc. (Factor) moves pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure to dismiss the complaint as against it for failure to state a claim upon which relief can be granted.

Plaintiff instituted this action against Hertz, Neumark & Warner (Hertz), Spingarn Heine & Co. (Spingarn), both of which are registered brokers, and Factor, alleging that the defendants conspired...

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