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FAHERTY v. FENDER

No. 82 Civ. 8667 (LFM).

572 F.Supp. 142 (1983)

J. Roger FAHERTY and Faherty & Faherty, Inc., Plaintiffs, v. Harris R. FENDER, Defendant.

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

September 28, 1983.

Attorney(s) appearing for the Case

Crowell, Rouse & Varian by Francis R. Matera, New York City, for defendant.

Patrick J. Monaghan, Jr., New York City, for plaintiffs.

OPINION and ORDER

MacMAHON, District Judge.

Defendant Harris R. Fender ("Fender") moves, pursuant to Rule 12(b), Fed.R.Civ.P., for an order dismissing the complaint for lack of subject matter and personal jurisdiction. He also moves to dismiss on the ground that there is another suit pending between the parties for the same cause of action as that upon which the instant case is grounded. Alternatively, defendant requests that this case be transferred to...

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