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SPECHT v. NETSCAPE COMMUNICATIONS CORP.

Nos. 00 CIV. 4871(AKH), 00 CIV. 6219(AKH), 00 CIV. 6249(AKH).

150 F.Supp.2d 585 (2001)

Christopher SPECHT, John Gibson, Michael Fagan and Sean Kelly, individually and on behalf of all others similarly situated, Plaintiffs, v. NETSCAPE COMMUNICATIONS CORP. and AMERICA ONLINE, INC., Defendants. Sherry Weindorf, individually and on behalf of all others similarly situated, Plaintiff, v. Netscape Communications Corp. and America Online, Inc., Defendants. Mark Gruber, individually and on behalf of all others similarly situated, Plaintiff, v. Netscape Communications Corp. and America Online, Inc., Defendants.

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

July 5, 2001.

Attorney(s) appearing for the Case

Joshua Neil Rubin, Jill S. Abrams, Courtney E. Lynch, Abbey, Gardy & Squitieri, L.L.P., New York City, for Christopher Specht, John Gibson and Michael Fagan.

James V. Bashian, Oren S. Giskan, Law Offices of James V. Bashian, P.C., New York City, for Sherry Weindorf.

George G. Mahfood, Leesfield, Leghton, Rubio & Mahfood, Miami, FL, for Mark Gruber.

Laurence D. Paskowitz, Abraham & Paskowitz, New York City, of counsel, for plaintiffs.

Roger W. Yoerges, Patrick J. Carome, Samir C. Jain, Joseph R. Profaizer, Matthew P. Previn, Darrin A. Hostetler, Wilmer, Cutler & Pickering, Washington, DC, for Netscape Communications Corp. and America Online, Inc.

MEMORANDUM AND ORDER DENYING MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

HELLERSTEIN, District Judge.

Promises become binding when there is a meeting of the minds and consideration is exchanged. So it was at King's Bench in common law England; so it was under the common law in the American colonies; so it was through more than two centuries of jurisprudence in this country; and so it...

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