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STEINBERG v. SHEARSON HAYDEN STONE, INC.

Civ. A. No. 81-390.

546 F.Supp. 699 (1982)

David STEINBERG, on behalf of himself and all others similarly situated, Plaintiff, v. SHEARSON HAYDEN STONE, INC., and Shearson Loeb Rhodes, Inc., Defendants.

United States District Court, D. Delaware.

August 24, 1982.

Attorney(s) appearing for the Case

Thomas G. Hughes, of O'Donnell & Hughes, Wilmington, Del., for plaintiff; Richard D. Greenfield and Robert P. Frutkin, of Greenfield & Chimicles, Bala Cynwyd, Pa., of counsel.

Charles F. Richards, Jr., Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, Del., for defendants.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This action is before the Court on the defendants' Motion to Dismiss for failure to state a claim upon which relief can be granted. Fed. R. Civ.P. 12(b)(6). Since the defendants filed an affidavit in support of their motion, it will be treated as a Motion for Summary Judgment under Fed. R. Civ. P. 56. For the reasons hereinafter set forth, the defendants' motion is denied.

The Complaint alleges that...

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