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SBROCCO v. PACIFIC FRUIT, INC.

No. 82 Civ. 5650 (RWS).

565 F.Supp. 15 (1983)

Roger A. SBROCCO and Northeast Produce Transport, Inc., Plaintiffs, v. PACIFIC FRUIT, INC., Ecuadorian Line, Inc. and Shillo Adir, Defendants.

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

February 18, 1983.

Attorney(s) appearing for the Case

Boyle, Vogeler & Haimes, P.C., New York City, for plaintiffs; Roger Boyle, New York City, of counsel.

Guggenheimer & Untermyer, New York City, for defendants; Harold Baer, Jr., Robert E. Smith, Alan I. Raylesberg, New York City, of counsel.

OPINION

SWEET, District Judge.

Defendants Pacific Fruit, Inc. ("Pacific"), an importer and marketer of bananas, its affiliate Ecuadorian Line, Inc. ("Ecuadorian"), and Shillo Adir ("Adir"), an officer and director of both companies, have moved pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint in this diversity action for failure to state a claim upon which relief can be granted. For the reasons stated below, the motion will be granted.

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