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CENTRAL CADILLAC, INC. v. STERN HASKELL, INC.

Civ. No. 71 5387.

356 F.Supp. 1280 (1972)

CENTRAL CADILLAC, INC., Plaintiff, v. STERN HASKELL, INC., Defendant & Third-Party Plaintiff, v. The COMMUNITY BANK a/k/a Marine Midland Bank-New York et al., Third-Party Defendants.

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

November 13, 1972.

Attorney(s) appearing for the Case

Jack H. Dorfman, Murray Schwartz, New York City, for Stern-Haskell, Inc.

Francis X. Becker, Berg, Becker, Moinester & Dillon, Lynbrook, N. Y., for Community Bank a/k/a Marine Midland Bank-New York.

Stolz, Goldfine & Stolz, New York City, for Morgan Guaranty Trust Co. of New York & Royal National Bank of New York.

Robert B. Budelman, Jr., Bigham, Englar, Jones & Houston, New York City, for Chemical Bank New York Trust Co.

Memorandum Opinion and Order

MOTLEY, District Judge.

The third-party defendants, Chemical Bank New York Trust Co. (Chemical), Morgan Guaranty Trust Co. of New York (Morgan), and Royal National Bank of New York (Royal), move to dismiss the third-party complaint against them on the ground that the third-party complaint fails to state a claim upon which relief can be granted.1 Fed.R.Civ.P. 12 (b)(6). The defendant and third...

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