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SAZERAC CO., INC. v. FALK

No. 94 Civ. 2330 (RWS).

861 F.Supp. 253 (1994)

SAZERAC COMPANY, INC., Plaintiff, v. Ferdie A. FALK, and Robert Baranaskas, Defendants.

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

August 18, 1994.

Attorney(s) appearing for the Case

Kirkland & Ellis, New York City (Terrence J. Galligan, of counsel), for plaintiff.

Baer Marks & Upham, New York City (Howard Graff, of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendants Robert Baranaskas ("Baranaskas") and Ferdie Falk ("Falk") (collectively the "Defendants") move to dismiss the Complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, in this diversity action brought by Plaintiff Sazerac Company, Inc. ("Sazerac") or, in the alternative, the Defendants seek to join Takara Shuzo Co., Ltd. ("Takara") as a necessary party, pursuant to Rule 19 of the Federal...

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