MEMORANDUM OPINION
STAPLETON, Chief Judge:
In this action, plaintiff Farmers Bank accuses fifty-one corporate and individual defendants of violating the Securities Act of 1933, the Securities Exchange Act of 1934 and the Organized Crime Control Act of 1970, as well as of breaching their fiduciary duties and acting fraudulently under State law. Defendant James D. Pennington ("Pennington") has moved to dismiss Count II of the complaint, that arising under...
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