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OLECK v. FISCHER

No. 73 Civ. 1460.

401 F.Supp. 651 (1975)

Lawrence OLECK and Theodore Oleck, Plaintiffs, v. Alan H. FISCHER et al., Defendants.

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

October 17, 1975.

Attorney(s) appearing for the Case

Shatzkin, Cooper, Labaton, Rudoff & Bandler, New York City, for plaintiffs; Edward Labaton, Joel C. Feffer, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for defendant Arthur Andersen & Co.; Edward J. Ross, James D. Zirin, James R. Peterson, New York City, Charles W. Boand, Wilson & McIlvaine, Chicago, Ill., of counsel.

MEMORANDUM

LASKER, District Judge.

In this action alleging violations of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j and Rule 10b-5, 17 C.F.R. 204.10b-5, Arthur Andersen & Co. (Andersen) moves pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure to dismiss the amended complaint for failure to state a claim upon which relief can be granted and for failure to state a claim with the particularity required by Federal...

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