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KARASYK v. MARC COMMODITIES CORP.

No. 90 Civ. 2498 (CSH).

770 F.Supp. 824 (1991)

Philip KARASYK, Plaintiff, v. MARC COMMODITIES CORP., Defendant.

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

June 24, 1991.

Attorney(s) appearing for the Case

Conway & Conway, New York City (Thomas D. Conway, of counsel), for plaintiff.

Stumpp & Mandaville, New York City (Gary D. Stumpp, of counsel), for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this action arising under the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., defendant moves under the Federal Arbitration Act, 9 U.S.C. §§ 1, 4 to stay the action and compel arbitration; or, in the alternative, to dismiss the complaint for failure to allege fraud with the particularity required by Rule 9(b), Fed.R.Civ.P., and to direct the joinder of an additional party defendant...

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