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INDEX FUND, INC. v. HAGOPIAN

No. 73 Civ. 2665 (CHT).

417 F.Supp. 738 (1976)

INDEX FUND, INC., Plaintiff, v. Robert R. HAGOPIAN et al., Defendants. FIRST NATIONAL CITY BANK and First National City Trust Company (Bahamas) Limited, Defendants and Third-Party Plaintiffs, v. Frank P. ADAMS et al., Third-Party Defendants.

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

June 30, 1976.

Attorney(s) appearing for the Case

Shearman & Sterling, New York City, for defendants and third-party plaintiffs First National City Bank and First National City Trust Co. (Bahamas) Limited; Werner L. Polak, Edward J. Boyle, New York City, of counsel.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for third-party defendants Frank P. Adams and Ralph S. Henry; Charles M. McCaghey, Bruce E. Pindyck, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

This is a motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on behalf of two of the third-party defendants, Frank P. Adams ("Adams") and Ralph S. Henry ("Henry"), for dismissal of the third-party complaint on the ground that said complaint fails to state a claim upon which relief can be granted.

Essentially, the complaint alleges a broad-based scheme to defraud the plaintiff with respect to...

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