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GIULIANO v. EVERYTHING YOGURT, INC.

No. CV-92-1728.

819 F.Supp. 240 (1993)

Thomas A. GIULIANO and Michele N. Giuliano, Plaintiffs, v. EVERYTHING YOGURT, INC. and Richard Nicotra, Defendants.

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

April 28, 1993.

Attorney(s) appearing for the Case

Arthur J. Gallancy, New York City, for plaintiffs.

Gary Trachten, Kudman & Trachten, New York City, for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge.

Plaintiff franchisees commenced this civil action under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. ("RICO"), against a corporate franchisor and its principal. Defendants move to dismiss the complaint under Fed.R.Civ.P. 8(a), 9(b) and 12(b)(6). For the following reasons, defendants' motion is denied in part and granted in part.

FACTS

Defendant...

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