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SHAITELMAN v. PHOENIX MUT. LIFE INS. CO.

No. 79 Civ. 4488.

517 F.Supp. 21 (1980)

Mark T. SHAITELMAN and Richard R. Reigi, Plaintiffs, v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, Defendant.

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

On Motion For Reargument March 5, 1981.

Attorney(s) appearing for the Case

Jonathan W. Lubell, Marc Rauch, Cohn, Glickstein, Lurie, Lubell & Lubell, New York City, for plaintiffs.

Richard R. Lutz, Townley & Updike, New York City, for defendant.

OPINION AND ORDER

PIERCE, District Judge.

This action for, inter alia, breach of contract, fraudulent misrepresentation, and wrongful discharge is brought by two group insurance salesmen against their former employer, the Phoenix Mutual Life Insurance Company, pursuant to 28 U.S.C. § 1332. The defendant has moved to dismiss Counts 3, 4, and 5 of the complaint for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b)(6...

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