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RAQUEL v. EDUCATION MANAGEMENT CORP.

Civil A. No. 95-1620.

955 F.Supp. 433 (1996)

RAQUEL, a partnership, Plaintiff, v. EDUCATION MANAGEMENT CORP., Geffen Records, Inc., Nirvana, a partnership, Defendants. EDUCATION MANAGEMENT CORP., Third-Party Plaintiff, v. ELIAS/SAVION ADVERTISING, INC., Third-Party Defendant. GEFFEN RECORDS, INC., Nirvana, Third-Party Plaintiffs, v. ART INSTITUTES INTERNATIONAL, INC., Third-Party Defendant.

United States District Court, W.D. Pennsylvania.

November 25, 1996.

Attorney(s) appearing for the Case

Bruce M. Campbell, James A. Lewis, Edward C. Terreri, Plowman, Spiegel & Lewis, Pittsburgh, PA, for Raquel.

Dennis St. John Mulvihill, Robb, Leonard & Mulvihill, Pittsburgh, PA, for Education Management Corp. and Art Institutes Intern., Inc.

Elizabeth L. Rabenold, Michael J. Kline, Thorp, Reed & Armstrong, Pittsburgh, PA, for Geffen Records, Inc. and Nirvana.

Thomas C. Wettach, Titus & McConomy, Pittsburgh, PA, Irvin S. Bails, Frank, Bails, Kirk, Murcko & Toal, Pittsburgh, PA, for Elias/Savion Advertising, Inc.

MEMORANDUM ORDER

LEE, District Judge.

On October 10, 1996, this case was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The magistrate judge's report and recommendation, filed on October 11, 1996, recommended that the Motion to Dismiss (document number twenty...

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