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LEBER-KREBS, INC. v. CLINTON

No. 81 Civ. 0919 (GLG).

517 F.Supp. 593 (1981)

LEBER-KREBS, INC., Plaintiff, v. George CLINTON, Defendant.

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

July 2, 1981.

Attorney(s) appearing for the Case

Steven M. Kramer, Michael R. Needle, Philadelphia, Pa., and Barr & Bello, New York City, for plaintiff.

Parcher & Herbert, P. C., New York City, for defendant.

OPINION

GOETTEL, District Judge.

This diversity action concerns the alleged breach of a contract between the plaintiff and the defendant. The defendant has moved to dismiss or stay this action on the ground that a prior similar action is currently pending in the Supreme Court of New York State, New York County. While admitting that the federal diversity action "duplicates" the pending state action, the plaintiff argues that neither a dismissal nor a stay...

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