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TELE-WINE, INC. v. FOREMOST SALES PROMOTIONS

81 Civ. 0925 (MP).

510 F.Supp. 1339 (1981)

TELE-WINE, INC., Plaintiff, v. FOREMOST SALES PROMOTIONS, INC., Defendant.

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

March 11, 1981.

Attorney(s) appearing for the Case

Amster, Rothstein & Engelberg, New York City, for plaintiff; Philip H. Gottfried, New York City, of counsel.

Brooks, Haidt, Haffner & Delahunty, New York City, for defendant; Lorimer P. Brooks, New York City, of counsel.

MILTON POLLACK, District Judge.

THE COURT: A motion has been presented to the court herein to stay or to dismiss this action under Rule 12 Fed.R. Civ.P. The motion is in all respects denied for the following reasons:

Tele-Wine, Inc. has a prior pending Federal suit in this District on the identical subject matter involved with the parties in reverse position in the Northern District of Illinois.

Tele-Wine's suit was filed in the Southern District of...

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