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RINFRET, INC. v. DREXEL BURNHAM LAMBERT INC.

No. 86 Civ. 5926 (EW).

661 F.Supp. 611 (1987)

RINFRET, INC. and Pierre A. Rinfret, Plaintiffs, v. DREXEL BURNHAM LAMBERT INCORPORATED, Defendant.

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

June 17, 1987.

Attorney(s) appearing for the Case

Zuckerman Mishaan & Chernuchin, New York City, for Rinfret, Inc. and Pierre A. Rinfret; Saul A. Mischaan, of counsel.

Miller & Wrubel, P.C., New York City, for Drexel Burnham Lambert Inc.; Joel M. Miller, of counsel.

EDWARD WEINFELD, District Judge.

Defendant Drexel Burnham Lambert, Inc. (Drexel) moves to dismiss the amended complaint of Rinfret, Inc. (Rinfret) and its chairman, Dr. Pierre A. Rinfret (Dr. Rinfret), charging Drexel with violations of the Commodity Exchange Act (CEA) and pendent state law breach of contract claims. The motion is made pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, as well as Fed.R.Civ.P. 12(b)(6) and 9(b), for failure...

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