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WANG LABORATORIES, INC. v. DATAWORD CORP.

No. 87 Civ. 3291 (RWS).

680 F.Supp. 110 (1988)

WANG LABORATORIES, INC., Plaintiff, v. DATAWORD CORPORATION and Jeffrey Schmones, Defendant.

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

February 10, 1988.

Attorney(s) appearing for the Case

Owen & Davis, New York City, for plaintiff; Douglas R. Maag, of counsel.

Bloch Graff Danzig & Jelline, New York City, for defendant; Howard Graff, Neal S. Barlia, of counsel.

OPINION

SWEET, District Judge.

Defendant Jeffrey Schmones ("Schmones") has moved under Rule 12(b)(6) to dismiss the fifth claim of plaintiff Wang Laboratories, Inc. ("Wang") which seeks to attribute any liability of defendant Dataword Corporation ("Dataword") to Schmones. For the reasons set forth below, the motion is denied.

The Complaint

Wang has alleged damages in this diversity action against Dataword and Schmones arising out...

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