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FAIRMONT FOODS COMPANY v. MANGANELLO

No. 68 Civ. 5201.

301 F.Supp. 832 (1969)

FAIRMONT FOODS COMPANY, Plaintiff, v. Filomena MANGANELLO as Executrix of the Last Will and Testament of Ralph Manganello and as Guardian of the property of Betty Ann Manganello, Rita Yodice and Anna Guiliano as Executrices of the Last Will and Testament of Nicola Gentile, Marie Prezzano as Executrix of the Last Will and Testament of Joseph Prezzano, Walter W. Pegalis, Origena Pizza Crust Co., Inc., and Anthony Filiti, Defendants.

United States District Court S. D. New York.

June 27, 1969.

Attorney(s) appearing for the Case

Marshall, Bratter, Greene, Allison & Tucker, New York City, for plaintiff, by Morton S. Robson, New York City, of counsel.

Schulz, Fay & D'Amico, Bronx, N. Y., for Filomena Manganello, Rita Yodice and Anna Guiliano, by Joseph V. D'Amico, and Louis J. Shaw, Bronx, N. Y., of counsel.

Whalen, O'Neill & Pillon, New York City, for Marie Prezzano, by James T. Whalen, New York City, and Martin Hirsch, Mount Vernon, N. Y., of counsel.

Schachter & Wiseman, New York City, for Origena Pizza Crust Co., Inc., by Samuel U. Wiseman, and Louis Schachter, New York City, of counsel.

MEMORANDUM

POLLACK, District Judge.

Motions are before the Court to dismiss or alternatively, to stay this action; or as a further alternative to direct a more definite statement of plaintiff's claims.

This is a diversity case and involves no federal question. It is unclear from the record where the case arose and consequently it is unclear what law should govern. The first Count calls upon the Court to exercise its equity powers by decreeing specific...

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