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SPIER v. ERBER

No. 89 Civ. 1657 (PKL).

759 F.Supp. 1024 (1991)

William SPIER, Max Weil, Bernard Hochstein, Howard Schraub, Estate of C. Ray Greene and Thomas H. Greene, Plaintiffs, v. Leslie N. ERBER, Pericles Constantinou, Rocco Velocci, Orval E. Gould, Morton S. Robson, Jack Casagrande, G.G.C., Inc. d/b/a The Enterprise Company, a California Corporation, Waste Technology Corp., a Delaware Corporation, IWS of Marion County, Inc., a Florida Corporation, Stuart Becker & Co., P.C., a New York Professional Corporation, Ruffa and Hanover, P.C., a New York Professional Corporation, John Doe and Richard Roe, Inc., Defendants.

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

March 18, 1991.

Attorney(s) appearing for the Case

Robson & Miller, New York City (Kenneth N. Miller, of counsel), for defendant Waste Technology.

Kalnick, Jackson, Klee & Green, New York City (Stuart A. Jackson, of counsel), for defendants G.G.C., Inc. and Orval E. Gould.

ORDER AND OPINION

LEISURE, District Judge:

This is an action for damages arising out of an alleged fraudulent scheme to sell interests in a limited partnership. Plaintiffs allege that defendants have violated section 29(b) and section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78cc(b) and 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5. Plaintiffs also seek recovery under the doctrines of common law fraud...

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