MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This is a securities case. I assume jurisdiction pursuant to Section 27 of the Securities Exchange Act of 1934 (the "1934 Act"), 15 U.S.C. § 78aa, Section 22 of the Securities Act of 1933 (the "1933 Act"), 15 U.S.C. § 77v and 28 U.S.C. § 1332.
This matter comes before me on defendants' motion to dismiss Count II of plaintiff's complaint pursuant to Fed.R.Civ.P. Rule 12(b)(6). In considering...
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