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BANK OF AM. NAT. TRUST & SAV. v. TOUCHE ROSS & CO.

Civ. No. C83-2794.

603 F.Supp. 351 (1985)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, et al. v. TOUCHE ROSS & CO., Certified Public Accountants, et al.

United States District Court, N.D. Georgia, Atlanta Division.

February 25, 1985.

Attorney(s) appearing for the Case

Samuel J. Zusmann, Jr., Robert W. Patrick, Jesse H. Austin III, Atlanta, Ga., for Bank of America National Trust & Savings Association, Rhode Island Hospital Trust National Bank, NCNB National Bank of North Carolina, Crocker National Bank and American Express International Banking Corp.

Thomas B. Metzloff, Atlanta, Ga., for Touche Ross & Co.

Timothy Askew, Jr., Kevin B. Getzendanner, Atlanta, Ga., for Fredrick Blank, Louie Hansberger, Robert E. Minnear, Patrick G. Rooney and Edward P. Fitzgerald.

ORDER

ORINDA D. EVANS, District Judge.

This case is before the court on Defendants' motion for dismissal of Plaintiffs' first amended and recast complaint under Federal Rule of Civil Procedure 12(b)(6) and for failure to comply with Rule 9(b) and on Defendants' motion for oral argument.

Plaintiffs in this case are five banks ("the banks") who provided financing for International Horizons, Inc., a manufacturer of language teaching systems. In 1979...

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