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FRESCHI v. GRAND COAL VENTURE

No. 81 Civ. 4331 (RWS).

564 F.Supp. 414 (1983)

William FRESCHI, Jr., As Trustee of William Freschi Trust, Plaintiff, v. GRAND COAL VENTURE, Bandler & Kass, Ground Production Corporation, William J. Werner, Jack Mitnick, Robert Sylvor, William C. Sherr, Mineral Resources Development, Inc., and H. Jean Baker, Defendants.

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

January 26, 1983.

Attorney(s) appearing for the Case

Layton & Sherman, New York City, Bowker, Elmes, Perkins, Mecsas & Gerrard, Boston, Mass., for plaintiff; Daniel J. Brooks, New York City, Robert C. Gerrard, Lawrence G. Green, Boston, Mass., of counsel.

Schwarzfeld, Arnoff & Shore, P.C., New York City, for defendants; Neal Schwarzfeld, New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff William Freschi, Jr. ("Freschi"), as trustee of the William Freschi Trust has requested leave to file a second amended complaint pursuant to Fed.R.Civ.P. 15(a) to include a legal malpractice claim. Defendants have moved for an order disqualifying the firm of Bowker, Elmes, Perkins, Mecsas & Gerrard, attorneys for Freschi, on the ground that such representation is in contravention of Disciplinary Rule 5-102(A)...

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