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FUSTOK v. CONTICOMMODITY SERVICES, INC.

No. 82 Civ. 1538(MEL).

618 F.Supp. 1074 (1985)

Mahmoud FUSTOK, Plaintiff, v. CONTICOMMODITY SERVICES, INC., Conticapital Management Inc., Continental Grain Company, Walter M. Goldschmidt, Norton Waltuch, Tom Waldeck and Ivan Auer, Defendants.

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

September 20, 1985.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, New York City, for plaintiff; Herbert Stoller, Eliot Lauer, Scott J. McKay Wolas, New York City, Andrew S. Montgomery, Law Clerk, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants ContiCommodity Services, Inc. Tom Waldeck and Ivan Auer.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant Norton Waltuch, Steven J. Glassman, New York City, of counsel.

LASKER, District Judge.

The twenty-fourth claim of the Second Amended Complaint alleges that "Conti, Conti Grain and Conti Management (or in the alternative, Conti, Conti Grain, Conti Management, Advicorp and/or Nahas) were an enterprise ..., as defined in 18 U.S.C. § 1961(4) engaged in, and the activities of which affected, interstate and foreign commerce"; that "the defendants, being individuals and entities employed...

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