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PFEFFER v. CRESSATY

223 F.Supp. 756 (1963)

John R. PFEFFER et al., Plaintiffs, v. George M. CRESSATY et al., Defendants.

United States District Court S. D. New York.

October 9, 1963.

Attorney(s) appearing for the Case

Burke & Burke, New York City, for plaintiffs. Stuart W. Robinson, Jr., New York City, of counsel.

Irwin Klein, New York City, for defendants.

McLEAN, District Judge.

Defendants move under Rule 12(b) to dismiss the complaint on the grounds that it fails to state a claim and that this court lacks jurisdiction of the subject matter and of the person of defendants. The action is one to recover damages for alleged fraud in the sale of securities. The complaint alleges in substance that defendant Cressaty, acting on behalf of the other defendants, pursuant to a conspiracy among them, and by use of interstate...

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