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BRADFORD SECURITIES PROCESSING SERV. v. COUNTY FEDERAL SAV. AND LOAN ASSOC.

No. 76 Civ. 1709 (KTD).

450 F.Supp. 208 (1978)

BRADFORD SECURITIES PROCESSING SERVICES, INC., Plaintiff, v. COUNTY FEDERAL SAVINGS AND LOAN ASSOCIATION as successor to First Federal Savings and Loan Association of Utica, New York, Defendant.

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

May 16, 1978.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiff by Eric H. Moss, New York City, of counsel.

Gainsburg, Gottlieb, Levitan & Cole, New York City, for defendant by Richard J. Rubin, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendant has moved to dismiss the complaint in this 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, as well as common law fraud and negligence, for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, F.R.Civ.P. 12(b), or, alternatively, for summary judgment...

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