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SEILER v. E.F. HUTTON & CO., INC.

Civ. A. No. 83-2706.

584 F.Supp. 607 (1984)

Ersel G. SEILER, Jr., on behalf of himself and all others similarly situated, Plaintiff, v. E.F. HUTTON & COMPANY, INC., Defendant.

United States District Court, New Jersey.

January 11, 1984.

Attorney(s) appearing for the Case

Hersh Kozlov, Cherry Hill, N.J., and Richard D. Greenfield, Carole A. Broderick, David B. Zlotnick, Greenfield & Chimicles, Haverford, Pa., for plaintiff.

Philip Stephen Fuoco, Haddonfield, N.J., and Leonard Barrack, Daniel E. Bacine, Barrack, Rodos & Bacine, Philadelphia, Pa., for defendant.

OPINION

BROTMAN, District Judge.

This action is brought by a purchaser of securities against E.F. Hutton & Co., Inc., a securities broker, alleging violations by the defendant of § 10(b) of the 1934 Securities Exchange Act, Rule 10b-5 of the Securities Exchange Commission, and common law principles of fraud and misrepresentation. Presently before the court is defendant's motion pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint. Although...

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