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TEACHERS INS. & ANNUITY v. WOMETCO ENTERPRISES

No. 90 Civ. 7717 (JES).

833 F.Supp. 344 (1993)

TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Plaintiff, v. WOMETCO ENTERPRISES, INC., Arthur H. Hertz, Michael S. Brown, Defendants. WOMETCO ENTERPRISES, INC., Arthur H. Hertz, Michael S. Brown, Third-Party Plaintiffs, v. STEEL, HECTOR & DAVIS, a Florida General Partnership, Third-Party Defendant.

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

September 22, 1993.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, New York City (John Sullivan, of counsel), for plaintiff.

Wolver and Wolver, Woodland Hills, CA (Betsy Handler, of counsel), for defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff in the above-captioned action moves for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons that follow, that motion is granted.

BACKGROUND

Defendant Wometco Enterprises, Inc., (hereinafter, together with its Chief Executive Officer, defendant Arthur H. Hertz, and Chief Operating Officer, defendant Michael S. Brown, referred to as "Wometco"), was formed out of a June...

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