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REDINGTON v. TOUCHE ROSS & CO.

No. 76 Civ. 1981.

428 F.Supp. 483 (1977)

Edward S. REDINGTON, as Trustee for the liquidation of the business of Weis Securities, Inc., and Securities Investor Protection Corporation, Plaintiffs, v. TOUCHE ROSS & CO., Defendant.

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

March 1, 1977.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed, New York City, for plaintiff Edward S. Redington, as Trustee for the liquidation of the business of Weis Securities, Inc.; John S. Allee, James B. Kobak, Jr., William S. Barrett, New York City, of counsel.

Hawkins, Delafield & Wood, New York City, for plaintiff Securities Investor Protection Corp.; Clarence Fried, New York City, Wilfred R. Caron, Michael E. Don, Washington, D. C., Rafael Pastor, New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant Touche Ross & Co.; Arnold I. Roth, James K. Nevling, Jr., Arthur Linker, Marc S. Dreier, Steven A. Asher, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendant Touche Ross & Co. (Touche) to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, on two grounds: that the Court lacks subject matter jurisdiction, and that the complaint fails to state a claim upon which relief can be granted; in the alternative, it is sought to stay this action pending determination of an action between the same...

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