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PHOENIX RACING, LTD. v. LEBANON VALLEY AUTO RACING CORP.

No. 97-CV-0493 LEK/DRH.

53 F.Supp.2d 199 (1999)

PHOENIX RACING, LTD. and Wraith Automobile Racing, Inc., Plaintiffs, v. LEBANON VALLEY AUTO RACING CORPORATION, Howard Commander, and Shaker Flats Corporation, Defendants.

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

June 30, 1999.

Attorney(s) appearing for the Case

Wadland & Associates, Boston, MA (Joseph J. Wadland, of counsel), for plaintiffs.

Cohen, Pontani, Lieberman & Pavane, New York City (Stephen L. Cohen, of counsel), for defendants.

DECISION AND ORDER

KAHN, District Judge.

This diversity action, brought by Plaintiffs Phoenix Racing Ltd. ("Phoenix Racing") and Wraith Automobile Racing, Inc. ("Wraith"), arises out of an agreement in which Plaintiffs agreed to lease an automobile racing facility owned by the Defendants. Plaintiffs now allege that Defendants induced them to enter the lease by misrepresenting the facility's suitability for improvement and expansion and that Defendants...

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