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MLADEN v. GUNTY

Civ. No. 86-0357 P.

655 F.Supp. 455 (1987)

Dusan MLADEN, on his own behalf, and on behalf of all persons similarly situated, Plaintiff, v. Howard GUNTY, Charles Cipolla, Irving Federman, Mitchell Gunty, James L. Pierce, David S. Webb, Nicholas Taube, Rebecca Cerny, Samuel M. Koren, North East Insurance Company, Bradford Associates, Inc., and Bernard D. Gershuny, Defendants.

United States District Court, D. Maine.

March 13, 1987.

Attorney(s) appearing for the Case

Frank A. Weg, New York City, Michael X. Savasuk, Portland, Me., for plaintiff.

Kevin G. Libby, Portland, Me., Raymond G. McGuire, New York City, for defendants Cipolla, Federman, Mitchell Gunty, Pierce, Webb, Taube, Cerny & Koren.

Thomas H. Allen, Bruce W. Smith, Portland, Me., for defendant Northeast Ins. Co.

Peter DeTroy, Portland, Me., for defendants Howard Gunty & Bradford Associates.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

This matter comes before the Court on the motion of all Defendants except Bernard Gershuny (Gershuny) to deny class certification, and on the motion of Defendant Gershuny to dismiss the Amended Complaint as to him pursuant to Federal Rules of Civil Procedure 12 and 9(b).1 For the reasons set forth below, we deny the motion to deny class certification and grant Gershuny...

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