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FUCHS SUGARS & SYRUPS, INC. v. AMSTAR CORPORATION

No. 74 Civ. 2945.

402 F.Supp. 636 (1975)

FUCHS SUGARS & SYRUPS, INC., and Francis J. Prael, doing business as Lewis & Company, Plaintiffs, v. AMSTAR CORPORATION, Defendant.

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

October 8, 1975.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiffs; H. Richard Wachtel, William G. Primps, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant; William E. Willis, James H. Carter, William M. Dallas, Jr., New York City, of counsel.

ROBERT J. WARD, District Judge.

Defendant Amstar Corporation ("Amstar") moves pursuant to Rules 12(b) (6) and 12(f), Fed.R.Civ.P., for an order dismissing Count II of the amended complaint in this action and striking certain portions of that pleading. For the reasons hereinafter stated, the motion is denied.

Plaintiffs are two among several "general sugar brokers" whose services in distributing sugar products were terminated on March 30, 1974 by Amstar, a...

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