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SEAGRAVE CORP. v. VISTA RESOURCES, INC.

No. 81 Civ. 4990 (RWS).

534 F.Supp. 378 (1982)

The SEAGRAVE CORPORATION, formerly known as Seakoff Corp., Plaintiff, v. VISTA RESOURCES, INC., formerly known as The Seagrave Corporation, Eastern Vista Corp., formerly known as Armour Glass East Corp., Western Vista Corp., formerly known as Flour City Architectural Metals Corporation, Arnold A. Saltzman, Carl J. Simon and Herbert J. Kirshner, Defendants.

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

February 25, 1982.

Attorney(s) appearing for the Case

Golenbock & Barell, New York City, for plaintiff; Michael C. Silberberg, Geri S. Krauss, New York City, of counsel.

Graubard, Miskovitz, McGoldrick, Dannett & Horowitz, New York City, for defendants Vista Resources, Inc., Eastern Vista Corp. and Western Vista Corp.; Jack Weinberg, Steven Mallis, New York City, of counsel.

Shea & Gould, New York City, for defendants Arnold A. Saltzman, Carl J. Simon and Herbert J. Kirshner.

OPINION

SWEET, District Judge.

Plaintiff The Seagrave Corporation ("New Seagrave") filed suit seeking damages pursuant to the federal securities laws. Defendants Vista Resources, Inc., et al. ("Old Seagrave") move to dismiss the complaint under Rule 12(b)(6) Fed.R.Civ.P., on the grounds that the complaint fails to state a claim on which relief can be granted and that this court lacks subject matter jurisdiction. The question presented by this motion is whether...

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