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ELMORE v. SHELL OIL CO.

No. 87 CV 0366.

733 F.Supp. 544 (1988)

Carmine L. ELMORE, Jr., Plaintiff, v. SHELL OIL COMPANY, Larry Whittaker, Carl Masquardsen and John Kessler, Defendants.

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

May 5, 1988.

Attorney(s) appearing for the Case

Schlachter & Mauro (David Schlachter, of counsel), Commack, N.Y., for plaintiff.

Wildman, Harrold, Allen, Dixon & Smith, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendants move this Court for an order to dismiss the second, third and fourth claims pursuant to Fed.R.Civ.P. 12(b)(6). The Court, treating the motion as one for partial summary judgment pursuant to Fed.R.Civ.P. 56, ordered the parties to submit supplemental motion papers. See Fed. R.Civ.P. 12(b). For the reasons set forth below, defendants' motion is denied.

FACTS

Plaintiff brings...

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