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ESTATE OF DETWILER v. OFFENBECHER

No. 86 Civ. 7150 (RWS).

728 F.Supp. 103 (1989)

ESTATE OF Grace A. DETWILER, Grace A. Detwiler Trust for George A. Detwiler and his Family, Grace A Detwiler Trust for Peter M. Detwiler and his Family, Grace A. Detwiler Trust for Frederic B. Detwiler and his Family, Grace A. Detwiler Trust for Children of Frederic B. Detwiler, Grace A. Detwiler Trust for Phyllis S. Detwiler and Her Family, George A. Detwiler Trust, the Estate of George A. Detwiler, Peter M. Detwiler, Frederic B. Detwiler, Phyllis D. Henderson, Helen S. Bryant Trust, John A. Bryant, II and William R. Bryant, Jr., Plaintiffs, v. Dale J. OFFENBECHER, John B. Davies and Sidney W. Smith, Jr., Defendants.

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

August 16, 1989.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Harvey M. Spear, Richard H. Walker, Robert Knuts and Jane K. Rushton, of counsel), New York City, for plaintiffs.

Olwine, Connelly, Chase, O'Donnell & Weyher (John Logan O'Donnell, Grace M. Healy and Lisa M. Hughes, of counsel), New York City, Foley & Lardner (Maurice J. McSweeney, of counsel), Milwaukee, Wis., and Davis Markel & Edwards (Thomas Manick, of counsel), New York City, for defendants.

OPINION

SWEET, District Judge.

Defendants Dale J. Offenbecher ("Offenbecher"), John B. Davies ("Davies"), and Sidney W. Smith, Jr. ("Smith") (collectively, the "Defendants") have moved pursuant to Rule 56, Fed.R.Civ.P., for an order dismissing the amended complaint of plaintiffs Estate of Grace A. Detwiler, et al. (collectively, the "Plaintiffs"). For the reasons set forth below, the motion is granted, and the amended complaint is dismissed.

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