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JOHNSON v. ARMS

April 1, 2005.

JAQUIONE JOHNSON, Plaintiff,
v.
BRYCO ARMS, et al., Defendants. JOAN TRUMAN SMITH, Plaintiff, v. BRYCO ARMS, et al., Defendants.



The opinion of the court was delivered by: JACK WEINSTEIN, Senior District Judge

MEMORANDUM & ORDER

For reasons previously stated, the renewed motion to dismiss is denied. See Johnson v. Bryco Arms, 304 F. Supp. 2d 383, 400-401 (E.D.N.Y. 2003). No new information produced by the parties has cast doubt on that decision. Discovery has reinforced plaintiffs' prima facie showing that Atlantic Gun & Tackle is subject to the court's jurisdiction, including evidence supporting the claim that a significant number of traces were linked to criminal investigations in New York that may be attributable to defendant's conduct.

A motion for certification pursuant to 28 U.S.C. § 1292 of this interlocutory order is denied. There is no substantial ground for difference of opinion and an immediate appeal will not materially advance the ultimate termination of the litigation.

  SO ORDERED.

20050401

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