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AZBY BROKERAGE, INC. v. ALLSTATE INS. CO.

No. 85 Civ. 3594 (RJW).

681 F.Supp. 1084 (1988)

AZBY BROKERAGE, INC. d/b/a Shell-bank Brokerage of Brooklyn, Inc., and Har-Lem Brokerage, Inc. on behalf of themselves and all other insurance brokers similarly situated, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

March 16, 1988.

Attorney(s) appearing for the Case

Weg and Myers, P.C., New York City, for plaintiffs; Frank A. Weg, Ira M. Myers, Dennis T. D'Antonio, Jonathan A. Murphy, of counsel.

Cahill Gordon & Reindel, New York City, for defendant; Charles Platto, Kevin Burke, Jacqueline McCarthy, William Jacobson, Thomas McCaffrey, Seth Goodchild, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Defendant Allstate Insurance Company ("Allstate") has moved pursuant to Rule 12(b)(6), Fed.R.Civ.P., for an order dismissing the complaint. For the reasons that follow, defendant's motion is granted in part and denied in part.

BACKGROUND

The instant action was stayed by this Court on the ground of primary jurisdiction, see Azby Brokerage, Inc. v. Allstate Insurance Co., 637...

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