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HESSEE INDUSTRIES, INC. v. CHEMICAL BANK

79 CIV 2001 (LBS).

508 F.Supp. 319 (1981)

HESSEE INDUSTRIES, INC., a Michigan Corporation and Hessee Realty, Inc., a Michigan Corporation, Plaintiffs, v. CHEMICAL BANK, a New York Banking Corporation and Chemical Realty Corporation, a New York Corporation, Defendants.

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

February 24, 1981.

Attorney(s) appearing for the Case

Tell, Cheser, Breitbart & Lefkowitz, New York City (Abraham D. Breitbart, New York City, of counsel), for plaintiffs.

John B. Wynne, New York City, Gen. Counsel (Adrienne Packer, New York City, of counsel), for defendants.

OPINION

SAND, District Judge.

This case is before the Court upon defendants' motion to dismiss on the ground that plaintiff Hessee Realty, Inc. is barred by collateral estoppel from asserting its claim in this action, and that plaintiff Hessee Industries, Inc. fails to state any facts upon which a claim for relief may be based. For the reasons set forth herein, defendants' motion is granted.

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