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IN RE PHLCORP SECURITIES TENDER OFFER LITIGATION

No. 88 Civ. 0306(PNL).

700 F.Supp. 1265 (1988)

In re PHLCORP SECURITIES TENDER OFFER LITIGATION.

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

December 2, 1988.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Specthrie & Lerach, New York City (David Bershad, of counsel), Greenfield & Chimicles, New York City (C. Oliver Burt, III, of counsel, Haverford, Pa.), Abbey & Ellis, Goodkind Wechsler Labaton & Rudoff, Harvey Greenfield, Schoengold & Sporn, New York City, for plaintiff.

Weil, Gotshal & Manges, New York City (Dennis J. Block, H. Adam Prussin, Dushica B. Protic, Timothy J. Lawliss, of counsel), for defendants Leucadia Nat. Corp., Ian Cumming and Joseph Steinberg.

Pavelic & Levites, New York City (Raymond A. Levites, of counsel), for defendants PHLCORP, James Kimball and Michael Lynch.

LEVAL, District Judge.

Defendants move, pursuant to Fed.R.Civ. P. 12(b)(6) and 9(b), to dismiss the consolidated amended complaint (hereafter the "complaint") for failure to state a claim upon which relief can be granted and failure to plead fraud with particularity.

BACKGROUND

The complaint alleges fraud in violation of § 14(e) of the Securities Exchange Act, 15 U.S.C. § 78n(e), and state law claims for breach of fiduciary duty to corporate...

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