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LOMAGLIO ASSOCIATES INC. v. LBK MARKETING CORP.

No. 94 Civ. 3208 (KTD).

892 F.Supp. 89 (1995)

LOMAGLIO ASSOCIATES INCORPORATED, Plaintiff, v. LBK MARKETING CORP., Defendant.

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

July 5, 1995.

Attorney(s) appearing for the Case

Seaman and Ashley, Lomaglio Associates Inc., New York City (Perry Ashley, of counsel), for plaintiff.

McCarthy, Lebit, Crystal & Haiman Co., L.P.A., LBK Marketing Corp., Cleveland, OH (Charles P. Royer, of counsel), Rubin Baum Levin Constant & Friedman, LBK Marketing Corp., New York City (Richard G. Primoff, of counsel), for defendant.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff originally brought this action in New York state court. On May 3, 1994 Defendant removed the case to this court pursuant to 28 U.S.C. §§ 1441, 1446, based on diversity of citizenship of the parties, 28 U.S.C. § 1332. On January 26, 1995, I denied Defendant's motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(2), but granted its motion to dismiss the second...

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