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SHAPIRO v. GLEKEL

No. 73 Civ. 2324 (JMC).

380 F.Supp. 1053 (1974)

Leo SHAPIRO, as Trustee in Proceedings for the Reorganization of Beck Industries, Inc., under Chapter X of the Bankruptcy Act, Plaintiff, v. Newton GLEKEL et al., Defendants.

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

June 28, 1974.

Attorney(s) appearing for the Case

Shea, Gould, Climenko & Kramer, New York City (Ralph L. Ellis, New York City, of counsel), for plaintiff.

Davis, Polk & Wardwell, New York City (Robert B. Fiske, Jr., Bartlett H. McGuire, Stephen D. Hoffman and Rhea Kemble Neugarten, New York City, of counsel), for defendant Ernst & Ernst.

MEMORANDUM DECISION

CANNELLA, District Judge.

Defendant Ernst & Ernst's motion, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, for an order granting it judgment on the pleadings dismissing Count IV of the instant complaint, or, in the alternative, for partial summary judgment, pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, dismissing Count IV as against it, is denied.

Count IV of the complaint asserts that as...

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