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BREENE v. GUARDSMARK, INC.

No. 85 Civ. 6993 (IBC).

680 F.Supp. 88 (1987)

Claire B. BREENE, Plaintiff, v. GUARDSMARK, INC., Defendant.

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

December 8, 1987.

Attorney(s) appearing for the Case

Frank & North, New York City, for Claire B. Breene; Richard Frank, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for Guardsmark, Inc.; Lawrence S. Menkes, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

Defendant Guardsmark, Inc. ("Guardsmark") pursuant to Fed.R.Civ.P. 12(b)(5) moves to dismiss plaintiff's complaint on the grounds of improper service. Plaintiff opposes the motion.

Upon the following findings of fact and conclusions of law, defendant's motion for dismissal is denied in all respects.

BACKGROUND

Plaintiff Claire Bailey Breene commenced...

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