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HIRSCHFELD v. TOTAL HEALTH SYSTEMS, INC.

No. CV 90-3544 (ADS).

775 F.Supp. 574 (1991)

Stanley E. HIRSCHFELD and Dorothy Hirschfeld, Plaintiffs, v. TOTAL HEALTH SYSTEMS, INC. and Jay A. Fabrikant, Defendants.

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

October 9, 1991.

Attorney(s) appearing for the Case

David F. Cavers, Jr., P.C. by David F. Cavers, Boston, Mass., for plaintiffs.

Calinoff & Katz (Thomas A. Martin, of counsel), New York City, for defendants.

OPINION AND ORDER

SPATT, District Judge.

In this action, the plaintiffs allege securities fraud in violation of section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j [1988]), and Rule 10b-5 of the Securities Exchange Commission. The defendants Total Health Systems, Inc. and Jay A. Fabrikant now move to dismiss the Complaint, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil procedure, on two grounds: (1) statute of limitations...

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