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FIRST FED. SAV. & LOAN v. OPPENHEIM, APPEL, DIXON & CO.

No. 85 Civ. 4163 (MEL).

629 F.Supp. 427 (1986)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PITTSBURGH; Wichita Federal Savings and Loan Association: City of Farmington, New Mexico; and Federal Savings and Loan Insurance Corporation, Plaintiffs, v. OPPENHEIM, APPEL, DIXON & CO., a partnership, Defendant.

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

February 24, 1986.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiffs; of counsel: Harvey Kurzweil, David B. Howorth, Jonathan W. Miller, Neil Tublin.

Solinger Grosz & Goldwasser, P.C., New York City; of counsel: Dan L. Goldwasser, Lee S. Wasserman, Linda J. Pittleman, Vici L. Safran, Rosenfeld Parnell & Shames, Inc., Los Angeles, Cal.; of counsel: Edward M. Rosenfeld, Franklin R. Wurtzel, Roberta M. Klein, for defendant.

LASKER, District Judge.

Defendant Oppenheim, Appel, Dixon & Co. moves pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) to dismiss the complaint in this action for failure to state a claim upon which relief can be granted and for failure to plead the fraud claims with sufficient particularity. For the reasons explained below, the motion is granted in part and denied in part.

I.

The present action arises out of the complex of facts...

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