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BUSINESS INCENTIVES CO., INC. v. SONY CORP. OF AMER.

No. 75 Civ. 214.

397 F.Supp. 63 (1975)

BUSINESS INCENTIVES CO., INC., Plaintiff, v. SONY CORPORATION OF AMERICA, Defendant.

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

June 4, 1975.

Attorney(s) appearing for the Case

Nierenberg, Zeif & Weinstein, New York City, for plaintiff; by Saul I. Weinstein, New York City, of counsel.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant; by Leonard H. Rubin, Charles A. Soberman, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Defendant in this diversity breach of contract action has moved for a Rule 12(b)(6) order dismissing seven counts of the nine count complaint — or in the alternative for summary judgment on such counts—on the ground that they fail to state claims upon which relief may be granted. Plaintiff cross moves for partial summary judgment on the remaining two counts, on the ground that defendant's...

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