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DREXEL BURNHAM LAMBERT GROUP v. MICROGENESYS, INC.

No. 91 Civ. 2060 (SWK).

775 F.Supp. 660 (1991)

DREXEL BURNHAM LAMBERT GROUP, INC., Plaintiff, v. MICROGENESYS, INC., Defendant.

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

October 15, 1991.

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan by Mark H. Moore, New York City, for plaintiff Drexel Burnham Lambert Group, Inc.

Cummings & Lockwood by William H. Narwold, William H. Bright, Hartford, Conn., for defendant MicroGeneSys, Inc.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this action involving a claim on a subordinated convertible bridge note, defendants have moved, pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, for an order dismissing plaintiff's first, second and third claims based on § 10(b) of the Securities Exchange Act of 1934 and § 12(2) of the Securities Act of 1933. In addition, defendants have moved to dismiss plaintiff...

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