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XAPHES v. SHEARSON, HAYDEN, STONE, INC.

No. 80-6348-CIV-JAG.

508 F.Supp. 882 (1981)

Philip A. XAPHES, Plaintiff, v. SHEARSON, HAYDEN, STONE, INC., et al., Defendants.

United States District Court, S. D. Florida, N. D.

February 23, 1981.

Attorney(s) appearing for the Case

Richard H. Critchlow, Tew, Critchlow, Sonberg, Traum & Friedbauer, Miami, Fla., for plaintiff.

Robert M. Sondak, Paul, Landy, Beiley & Harper, P. A., Miami, Fla., for defendants.

ORDER

GONZALEZ, District Judge.

THIS CAUSE came on to be heard upon the Defendants' Motion to Dismiss this two count complaint on the following grounds: (1) Failure to state a claim for relief in that the equitable defense of in pari delicto bars recovery; (2) Failure to satisfy the requirements of Fed.R.Civ.P. 9(b) in that fraud is not plead with particularity; (3) Failure to satisfy Fed.R.Civ.P. 8(a) in that the complaint does not connect the defendants...

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