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THAYER v. DIAL INDUS. SALES, INC.

No. 96 CIV. 0773(WCC).

85 F.Supp.2d 263 (2000)

Leroy T. THAYER, Plaintiffs, v. DIAL INDUSTRIAL SALES, INC., Charles A. McDonnell, Fergus Fitzgerald and Jerrold B. Spiegel, Defendants.

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

February 23, 2000.

Attorney(s) appearing for the Case

Schwartz Simon Edelstein Celso & Kessler, Florham Park, NJ (Stephen J. Edelstein, of Counsel), for Plaintiff.

Frankfurt, Garbus, Klein & Selz, P.C., New York (Edward Hernstadt, of Counsel), for Defendants Dial Industrial Sales, Inc., Charles A. McDonnell and Jerrold B. Spiegel.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Leroy Thayer brings this action alleging that defendants Dial Industrial Sales, Inc. ("Dial"), Charles A. McDonnell, Fergus Fitzgerald, and Jerrold B. Spiegel, breached two contracts and defrauded plaintiff. Defendants Dial, McDonnell and Spiegel ("defendants")1 now move to dismiss plaintiff's Amended Complaint (the "Complaint") pursuant to Federal Rules...

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