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KAMENS v. HORIZON CORP.

No. 75 Civ. 1366.

432 F.Supp. 322 (1977)

Minna KAMENS, Plaintiff, v. HORIZON CORP. et al., Defendants.

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

January 24, 1977.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff.

Hughes, Hubbard & Reed by Powell Pierpoint, William M. Barron, New York City, for defendant Coopers & Lybrand.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This is a class action brought by a shareholder of Horizon Corp., against that corporation, its directors, and its accountant, Coopers & Lybrand, under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and Rule 10b-5. Defendant Coopers & Lybrand now move under Rules 12(b)(6) and 9(b), Fed.R.Civ.P. to dismiss Count II of the complaint which purports to state a claim...

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