MEMORANDUM OPINION
BRIAN BARNETT DUFF, District Judge.
Plaintiff Peter Polansky filed this three count complaint against PaineWebber Inc. ("PaineWebber") and one of its employees, Ronald Levi, alleging violations of the Securities and Exchange Commission Rule 10b-5 ("Rule 10b-5"), 17 C.F.R. § 240.10b-5, common law fraud and breach of fiduciary duty.
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