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BRIGGS v. GOODYEAR TIRE & RUBBER CO.

No. 99-CV-390C.

79 F.Supp.2d 228 (1999)

James L. BRIGGS, and Harry F. Gibbs, Sr., on behalf of themselves and a class of all persons similarly situated, Plaintiffs, v. THE GOODYEAR TIRE & RUBBER COMPANY, Defendant.

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

December 14, 1999.

Attorney(s) appearing for the Case

Steven H. Wodka, Little Silver, NJ, Lipsitz & Ponterio, LLC, John N. Lipsitz, of counsel, Buffalo, NY, for Plaintiff.

Volgenau & Bosse, Diane F. Bosse, of counsel, Buffalo, NY, for Defendant.

DECISION and ORDER

CURTIN, District Judge.

INTRODUCTION

On June 8, 1999, plaintiffs James Briggs and Harry Gibbs ("plaintiffs"), representatives of a proposed class, instituted an action against defendant Goodyear Tire & Rubber Company ("Goodyear"). Plaintiffs allege that Goodyear has been and is now unjustly enriched by its refusal to comply with a Release and Settlement Agreement (the Agreement) which Goodyear and plaintiffs entered into...

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