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COLECO INDUSTRIES v. UNIVERSAL CITY STUDIOS, INC.

84 Civ. 2596 (RWS).

637 F.Supp. 148 (1986)

COLECO INDUSTRIES, INC., Plaintiff, v. UNIVERSAL CITY STUDIOS, INC., Defendant, and Nintendo Co., Ltd. and Nintendo of America, Inc., Additional Defendants to Counterclaim in Interpleader.

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

June 16, 1986.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City, for defendant; Steven M. Barna, Christopher Paik, of counsel.

Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for Nintendo Co., Ltd.; John J. Kirby, Jr., Thomas G. Gallatin, Jr., Shelley B. O'Neill, Robert J. Gunther, Jr., of counsel.

SWEET, District Judge.

Additional defendants Nintendo Co., Ltd. and Nintendo of America, Inc. ("Nintendo") have moved under Rule 12(b)(6) to dismiss the interpleader complaint brought by defendant Universal City Studios, Inc. ("Universal") in an action brought against Universal by Coleco Industries, Inc. ("Coleco"). For the reasons set forth below, Nintendo's motion is granted and the interpleader complaint is dismissed, although leave is hereby granted to refile...

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