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WILLIAM J. CONLON & SONS, INC. v. WANAMAKER

No. CV 83-1341.

583 F.Supp. 212 (1984)

WILLIAM J. CONLON & SONS, INC., Plaintiff, v. John WANAMAKER, Philadelphia, Defendant.

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

March 8, 1984.

Attorney(s) appearing for the Case

Jeffrey S. Horn, Huntington, N.Y., for plaintiff.

Saul, Ewing, Remick & Saul, New York City, for defendant.

MEMORANDUM & ORDER

PLATT, District Judge.

In this diversity action, defendant John Wanamaker, Philadelphia (Wanamaker) moves for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure on the ground that the alleged contract between the parties is rendered unenforceable by New York's Statute of Frauds. N.Y.Gen.Oblig. § 5-701(a)(1) (McKinney 1978). Plaintiff William J. Conlon & Sons, Inc. (Conlon) argues that Pennsylvania...

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