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CLOW WATER SYSTEMS v. NAB CONST./SCHIAVONE CONST.

No. 88 CV 1133.

697 F.Supp. 125 (1988)

CLOW WATER SYSTEMS CORPORATION, Plaintiff, v. NAB CONSTRUCTION CORPORATION/SCHIAVONE CONSTRUCTION CORPORATION, a Joint Venture, Defendant.

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

September 29, 1988.

Attorney(s) appearing for the Case

Keck, Mahin & Cate (Robert K. Scott, of counsel), Chicago, Ill., Reaves & Yates (James A. Reaves, of counsel), New York City, for plaintiff.

McDonough, Marcus, Cohn & Tretter, P.C. (Randy J. Heller, of counsel), New York City, for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This action was brought by Clow Water Systems Corp. ("Clow") to recover damages for the alleged breach of an oral contract by defendant NAB Construction Corp./Schiavone Construction Corp. ("NAB/Schiavone"), a joint venture. Defendant NAB/Schiavone moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that the contract does not comply with the Uniform Commercial Code's Statute of Frauds, U.C.C. ...

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