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GOLDBERG v. TOUCHE ROSS & CO.

No. 74 Civ. 1483.

390 F.Supp. 290 (1975)

Harvey GOLDBERG, on behalf of himself and all others similarly situated, Plaintiff, v. TOUCHE ROSS & CO. et al., Defendants.

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

February 28, 1975.

Attorney(s) appearing for the Case

Milberg & Weiss, New York City, for plaintiff; Melvyn I. Weiss, Jared Specthrie, New York City, of counsel.

Liebman, Eulau, Robinson & Perlman, New York City, for defendant Altman; Herbert Robinson, Allan J. Kirschner, Jeffrey I. Klein, New York City, of counsel.

METZNER, District Judge:

Defendant Arthur D. Altman moves to dismiss the complaint in a purported class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder. The grounds for the motion are (1) insufficient service of process, (2) bar by the statute of limitations, (3) improper venue, (4) lack of specificity, and (5) failure to state a claim upon which relief may be granted...

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