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JANECKA v. FRANKLIN

No. 87 Civ. 6317 (LBS).

684 F.Supp. 24 (1987)

Dr. Ivo JANECKA and Cheryl Janecka, Plaintiffs, v. Robert S. FRANKLIN, Esq.; Samuel G. Fredman, Esq., & Neil A. Fredman, Esq., individually and as officers, employees and/or agents of Fink, Weinberger, Fredman, Berman & Lowell, P.C.; and Fink, Weinberger, Fredman, Berman & Lowell, P.C., a Professional Corporation, organized under the Laws of the State of New York, Defendants.

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

As Amended October 21, 1987.

Attorney(s) appearing for the Case

David A. Goldstein, New York City, for plaintiffs.

Fink, Weinberger, Fredman, Berman & Lowell, P.C., New York City (Robert S. Groban, Jr., of counsel), for defendants.

Laufer & Farkash, New York City (Lawrence Farkash, of counsel), for defendant Robert S. Franklin.

OPINION

SAND, District Judge.

This is an action brought by Cheryl Janecka, the ex-wife of defendant Robert S. Franklin, Esq., and her present husband against Franklin and the attorneys who represented him in a New York state court custody proceeding. Plaintiffs purport to base federal jurisdiction on alleged violations of the federal wiretap law (18 U.S.C. § 2511) and the Fourth Amendment. Defendants move to dismiss and seek Rule 11 sanctions.

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