District Court, S.D. New York October 24, 1978, 77 Civ. 5661 (CES) (Hogan & Hartson v. Butowsky)

MEMORANDUM DECISION

STEWART, District Judge:

Defendant has moved to dismiss plaintiff’s Amended and Verified Complaint (First Amended Complaint) for failure to state a claim upon which relief can be

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granted. Plaintiff has moved to amend and supplement that complaint and add a new cause of action (Third Count). For the reasons stated below, we grant defendant’s motion to dismiss.