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WILSHIRE CREDIT CORP. v. BARRETT CAPITAL MANAGEMENT CORP.

No. 96-CV-129H.

976 F.Supp. 174 (1997)

WILSHIRE CREDIT CORPORATION, Plaintiff, v. BARRETT CAPITAL MANAGEMENT CORPORATION, Barrett Capital Leasing Corporation, Barrett Capital Corporation, and Barry P. Korn, Defendants.

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

July 16, 1997.

Attorney(s) appearing for the Case

Michael E. Ferdman, Hiscock & Barclay, LLP, Buffalo, NY, for Plaintiff.

Thomas F. Knab, Saperston & Day, P.C., Buffalo, NY, for Defendants.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 636(c). Defendants have moved to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on the grounds that (1) the action is barred by the statute of limitations, and (2) plaintiff has chosen...

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