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d foray" into CBS's news files containing related information. Such a result, the court IS See Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50, 57 (Nev. 2000) ("Privileges relating to confidential communications, such as those between attorney and client, between doctor and pa
a. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. Inc., 532 U.S. 424 (2001) 12 Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50 (Nev. 2000) 18. 19 E & J Gallo Winery v. Encana Energy Servs.. Inc.. 33 Media L. Rep. 1413 (S.D.N.Y. 2004) 2 iii EFTA00728011 E
United States v. Treacv 19 603 F. Supp. 2d 670 (S.D.N.Y. 2009) STATUTES N.Y. Civil Rights Law § 79-h 3 OTHER 9 James Wm. Moore et al.. Moore's Federal Practice (3d ed. 2010) II EFTA00728013 Daily News, L.P. ("Daily News"), and Daily News journalist George Rush respectfully submit this reply memorandum o
d foray" into CBS's news files containing related information. Such a result, the court IS See Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50, 57 (Nev. 2000) ("Privileges relating to confidential communications, such as those between attorney and client, between doctor and pa
a. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. Inc., 532 U.S. 424 (2001) 12 Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50 (Nev. 2000) 18. 19 E & J Gallo Winery v. Encana Energy Servs.. Inc.. 33 Media L. Rep. 1413 (S.D.N.Y. 2004) 2 iii EFTA00207334 E
United States v. Treacv 19 603 F. Supp. 2d 670 (S.D.N.Y. 2009) STATUTES N.Y. Civil Rights Law § 79-h 3 OTHER 9 James Wm. Moore et al.. Moore's Federal Practice (3d ed. 2010) II EFTA00207336 Daily News, L.P. ("Daily News"), and Daily News journalist George Rush respectfully submit this reply memorandum o
which "provides that a rate filed with and approved by a governing regulatory agency is unassailable in judicial proceedings brought by ratepayers." Clark v. Prudential Ins. Co. of Am., 736 F. Supp. 2d 902, 913 (D.N.J. 2010) (citing Alston v. Countrywide Fin. Corp., 585 F.3d 753, 763 (3d Cir. 2009)).
ed his own contractual duties. Pub. Serv. Enter. Grp., Inc. v. Philadelphia Elec. Ca, 722 F. Supp. 184, 219 (D.N.J. 1989) (citing 5 Wright & Miller, Federal Practice and Procedure, § 1235 at 189-90). In other words, "when pleading a claim for the breach of an express contract . . . the complaint must contain som
ssible to discharge in fact, and would serve no useful pur- pose." he same principle was stated in Russo United States, 2 Cir., 1957. 241 F.2d 5 (Clark, then Chief Judge. Lumbard and Waterman, C. JJ.). The Fourth Circuit rejected a taxpayer's contention which the court stated as follows: "The co
2'C F dering a hearing or in the scope or dura- tion of a stay can be corrected by courts of appeals through the issuance of man- damus. 6 Moore, Federal Practice, 9 54.10 [4], at 87 (2d ed. 1955). Here. however, appellant has of requested 1 such relief, see Zamore Goldblatt, 2 Cir., 1953. 201 F.2d 738,
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