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READCO, INC. v. MARINE MIDLAND BANK, N.A.

No. 93 Civ. 8669 (KTD).

879 F.Supp. 355 (1995)

READCO, INC., R.D.P. Associates, Lan Associates XII, and Antonio Reale, Plaintiffs, v. MARINE MIDLAND BANK, N.A., and Eagle Rock Holding, Inc., Defendants.

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

March 15, 1995.

Attorney(s) appearing for the Case

Shanley & Fisher, P.C., New York City (A. Dennis Terrell, Joseph M. Cerra, of counsel), for plaintiffs Readco, Inc., R.D.P. Associates, Lan Associates XII, and Antonio Reale.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Barry M. Rosenfeld, of counsel), for defendants Marine Midland Bank, N.A., and Eagle Rock Holding, Inc.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

The amended complaint alleges seven causes of action. The first three counts are predicated upon breach of contract. Counts four and five allege fraud based on material misrepresentations and material omissions, while counts six and seven allege "waiver" and "estoppel," respectively.

Plaintiffs originally brought this action in New Jersey Superior Court. On the basis of diversity of...

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