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THEOPHIL v. SHELLER-GLOBE CORP.

No. 77 C 26.

446 F.Supp. 131 (1978)

William G. THEOPHIL, Plaintiff, v. SHELLER-GLOBE CORP. et al., Defendants.

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

February 22, 1978.

Attorney(s) appearing for the Case

Stacy L. Wallach, Tenzer, Greenblatt, Fallon & Kaplan, New York City, for plaintiff.

Jay Greenfield, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, argued, for defendant Sheller-Globe Corp.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendants move to dismiss this purported class action complaint which alleges in Count I violations of the Sherman and Clayton Acts, in Count II a common law conspiracy to defraud, and in Count III a common law claim for punitive damages. Defendants make the motion pursuant to Rules 12(b)(1), 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure, and urge (1) that the complaint states no claim under the...

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