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PLATZER v. SLOAN-KETTERING INSTITUTE

No. 91 Civ. 6578 (JSM).

787 F.Supp. 360 (1992)

Dr. Erich PLATZER, Dr. Karl Welte and Dr. Roland Mertelsmann, Plaintiffs, v. SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH, Defendant.

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

March 4, 1992.

Attorney(s) appearing for the Case

Martin R. Gold, Gold, Farrell & Marks, New York City, for plaintiffs.

Steven B. Rosenfeld, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

MARTIN, District Judge:

Doctors Erich Platzer, Karl Welte and Roland Mertelsmann commenced this action to recover a share of the royalties stemming from a discovery they made while in the employment of Sloan-Kettering Institute for Cancer Research ("Sloan-Kettering). Sloan-Kettering now moves to dismiss the complaint pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). For the reasons contained herein, the motion to dismiss is granted...

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