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FILMVIDEO RELEASING CORP. v. HASTINGS

No. 75 Civ. 2248 (HFW).

426 F.Supp. 690 (1976)

FILMVIDEO RELEASING CORPORATION, Plaintiff, v. David R. HASTINGS, II, as Administrator with Will Annexed of the Estate of Clarence E. Mulford, Defendant, David R. Hastings, II, and Peter G. Hastings, as Trustees of the Inter Vivos Trust and of the Testamentary Trust Created by Clarence E. Mulford, Intervenors.

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

October 20, 1976.

Attorney(s) appearing for the Case

Howard Gotbetter, New York City, for plaintiff.

Burns & Jacoby, New York City, by Herbert P. Jacoby, New York City, of counsel, for defendants.

OPINION

WERKER, District Judge.

This case comes before the court on plaintiff's motion pursuant to Rule 12(b)(6), Fed. R.Civ.P., for dismissal of the counterclaim for failure to state a claim upon which relief can be granted and, alternatively, for summary judgment on the counterclaim pursuant to Rule 56, Fed.R.Civ.P. I have considered the sufficiency of the counterclaim in this opinion, however, pursuant to Rule 12(b), Fed.R.Civ.P., I have treated the motion...

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