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SYBRON TRANSITION CORP. v. NIXON, HARGRAVE, ET AL.

No. CIV-90-944S.

770 F.Supp. 803 (1991)

SYBRON TRANSITION CORPORATION, Plaintiff, v. NIXON, HARGRAVE, DEVANS & DOYLE, Defendant.

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

July 17, 1991.

Attorney(s) appearing for the Case

H. Kenneth Schroeder, Jr., Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for plaintiff.

Philip H. Magner, Jr., Magner, Love & Morris, P.C., Buffalo, N.Y., for defendant.

DECISION AND ORDER

SKRETNY, District Judge.

Defendant Nixon, Hargrave, Devans & Doyle ("Nixon Hargrave") brings this motion pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. In support of its motion, Nixon Hargrave submits the affidavits of defendant's counsel Phillip H. Magner, Jr., Esq., sworn to on December 12, 1990, February 11, 1991 and March 11, 1991, a memorandum of...

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