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RADIO TODAY, INC. v. WESTWOOD ONE, INC.

No. 87 Civ. 8299 (MBM).

684 F.Supp. 68 (1988)

RADIO TODAY, INC. and Dan Formento, Plaintiffs, v. WESTWOOD ONE, INC., d/b/a NBC Radio Entertainment and Westwood One Radio Networks, Defendants.

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

April 19, 1988.

Attorney(s) appearing for the Case

Joseph F. Donley, Shereff, Friedman, Hoffman & Goodman, New York City, for plaintiffs.

Christopher O'Neill, Rogers & Wells, New York City, for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant Westwood One, Inc. moves pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the Amended Complaint of plaintiffs Radio Today, Inc. and Dan Formento for failure to state a claim upon which relief may be granted. For the reasons set forth below, the motion is granted in part and denied in part.

I.

The facts as set forth in the Amended Complaint, which...

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