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MATTER OF MID-ATLANTIC FUND, INC.

Bankruptcy No. 81 B 10835 (PA), Adv. No. 83-5597A.

39 B.R. 88 (1984)

In the Matter of MID-ATLANTIC FUND, INC., Debtor. Albert TOGUT, as Trustee in Bankruptcy for Mid-Atlantic Fund, Inc., Plaintiff, v. ARTHUR ANDERSEN & COMPANY, Defendant.

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

April 25, 1984.

Attorney(s) appearing for the Case

Albert Togut, Chapter 7 Trustee, New York City.

Breed, Abbott & Morgan, New York City, for defendant; Edward J. Ross, James D. Zirin, James J. Sabella, New York City, of counsel.

EDWARD WEINFELD, District Judge.

This action is brought by the Trustee, Albert Togut ("Togut"), on behalf of the bankrupt, Mid-Atlantic Fund, Inc. ("Mid-Atlantic"), against the bankrupt's former accountants, Arthur Andersen & Co. ("Andersen"), seeking damages allegedly caused by Andersen's auditing of Mid-Atlantic's financial statements in 1978 and 1979. Andersen moves to dismiss the complaint, which alleges counts in negligence and fraud, pursuant to Rules 9...

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