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FARLOW v. PEAT MARWICK MITCHELL & CO.

No. CIV 86-0487-P.

666 F.Supp. 1500 (1987)

David FARLOW, Jack R. Frymire, David Frymire, Richard A. Frymire, Kathleen Frymire-Brinati, Harvey Jaunich, David Fisher, and K & D Partnership, on behalf of themselves and all others similarly situated, Plaintiffs, v. PEAT MARWICK MITCHELL & CO.; Westinghouse Credit Corporation; and Marsha Powers, Defendants.

United States District Court, W.D. Oklahoma.

July 20, 1987.

Attorney(s) appearing for the Case

Stuart Weltman, Chicago, Ill., and Ronald E. Stakem, Oklahoma City, Okl., for plaintiffs.

William Conger, Oklahoma City, Okl., for defendant Peat Marwick Mitchell.

William L. Peterson, Oklahoma City, Okl., for defendant Westinghouse Credit.

James S. Matthews, Jr., Oklahoma City, Okl., for defendant Phillip Kidd, III.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

PHILLIPS, District Judge.

I. BACKGROUND

This matter comes before the Court upon defendants Peat Marwick Mitchell and Westinghouse's Motions to Dismiss plaintiffs' Second Amended Complaint against them pursuant to Rules 9(b), 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure. Portions of plaintiffs' original Complaint and Amended Complaint were dismissed without prejudice...

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