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OBENDORFER v. GITANO GROUP, INC.

Civ. A. No. 93-140 (JCL).

838 F.Supp. 950 (1993)

Christine OBENDORFER and Darin Portney, individuals, Plaintiffs, v. The GITANO GROUP, INC., a New York Corporation and Horatio San Martin, an individual, Defendants.

United States District Court, D. New Jersey.

December 2, 1993.

Attorney(s) appearing for the Case

Michael S. Kimm, Hackensack, NJ, for plaintiff.

Stephen W. Feingold, Reid & Priest, New York City, for defendants.

AMENDED MEMORANDUM AND ORDER

LIFLAND, District Judge.

Presently before the Court is defendants' motion to dismiss the third, fourth and fifth counts of the Complaint pursuant to Fed. R.Civ.P. 12(b)(6), and to dismiss the sixth count of the Complaint pursuant to Fed. R.Civ.P. 12(b)(6) and 12(b)(1). Plaintiffs oppose the motion.

BACKGROUND

This action arises out of an employer-employee relationship. (Complaint ¶...

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