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ORENSTEIN ADVERTISING, INC. v. NEW YORK TIMES

Civ. A. No. 90-6339.

768 F.Supp. 1133 (1991)

ORENSTEIN ADVERTISING, INC. v. The NEW YORK TIMES.

United States District Court, E.D. Pennsylvania.

July 19, 1991.

Attorney(s) appearing for the Case

Ronald Jay Smolow, Michael H. Landis, Smolow & Landis, Philadelphia, Pa., for plaintiff.

Catherine N. Jasons, Kelley, Jasons, McGuire & Spinelli, Philadelphia, Pa., Deborah R. Linfield, The New York Times Co., Dean Ringel, Kevin N. Whitney, Adam Liptak, Cahill Gordon & Reindel, New York City, for defendant.

MEMORANDUM AND ORDER

DITTER, District Judge.

Before me is defendant's Fed.R.Civ.P. 12(b)(1) and 12(b)(6) motion to dismiss plaintiff's first amended complaint. Plaintiff's complaint seeks to certify a class of all individuals and businesses that placed classified advertising in The New York Times since January 1, 1975, and were fraudulently billed. Plaintiff asserts claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U...

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