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KRAININ v. S. KLEIN DEPARTMENT STORES, INC.

Nos. 71 Civ. 5314, 72 Civ. 1345, and 72 Civ. 1346.

345 F.Supp. 1345 (1972)

Harold L. KRAININ, for himself and all others similarly situated, Plaintiff, v. S. KLEIN DEPARTMENT STORES, INC., Defendant. Harold L. KRAININ, for himself and all others similarly situated, Plaintiff, v. GIMBELS, Defendant. Harold L. KRAININ, for himself and all others similarly situated, Plaintiff, v. SEARS, ROEBUCK & CO., Defendant.

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

July 25, 1972.

Attorney(s) appearing for the Case

Harold L. Krainin, pro se.

Winer, Neuburger & Sive, New York City, Co-Counsel by David Sive, New York City, for plaintiff.

Weil, Gotshal & Manges, New York City, by Carl D. Lobell, Herbert M. Hellman, New York City, for defendants S. Klein Department Stores, Inc. and Sears, Roebuck & Co.

Solinger & Gordon, New York City, by Eugene H. Gordon, Stanley L. Kay, New York City, for defendant Gimbel Brothers, Inc.

MEMORANDUM and ORDER

BRIEANT, District Judge.

The Court has for disposition motions to dismiss by defendants, and motions for summary judgment by plaintiff in each above entitled case. All motions to dismiss are based upon the ground that the complaints fail, respectively, to state claims upon which relief can be granted.

All three causes are so similar that these motions may be disposed of together. Plaintiff is a debtor to whom "revolving" consumer...

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