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HAUSER v. WESTERN GROUP NURSERIES, INC.

No. 86 Civ. 9697 (SWK).

767 F.Supp. 475 (1991)

Eric C. HAUSER and Harvey Minars, Plaintiffs, v. WESTERN GROUP NURSERIES, INC. and Western United Nurseries, Inc., Defendants.

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

April 9, 1991.

Attorney(s) appearing for the Case

Pollack & Greene by Michael E. Greene, New York City, for plaintiff Eric C. Hauser.

Jones, Day, Reavis & Pogue by Carl F. Goodman, New York City, for plaintiff Harvey Minars.

Morrision Cohen Singer & Weinstein by Donald Chase, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs Eric C. Hauser ("Hauser") and Harvey Minars ("Minars") seek a declaratory judgment in this diversity action exonerating them from personally liability on a certain wraparound partnership note held by defendant Western Group Nurseries, Inc. ("WGN"). The parties have conducted extensive discovery. Plaintiffs now move, pursuant to Rule 56 of the Federal...

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