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DUKE v. TOUCHE ROSS & CO.

No. 90 Civ. 5610 (JFK).

765 F.Supp. 69 (1991)

Stephen E. DUKE, et al., Plaintiffs, v. TOUCHE ROSS & CO., Defendant.

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

May 21, 1991.

Attorney(s) appearing for the Case

Beigel & Sandler, Ltd., New York City (Herbert Beigel, Lewis S. Sandler, Bijan Amini, Philip Fertik, Elizabeth Toll, of counsel), for plaintiffs.

Sidley & Austin, New York City (Steven M. Bierman, James D. Arden, of counsel), Sidley & Austin, Chicago, Ill. (Robert D. McLean, Jeffrey R. Tone, Kate Poverman, of counsel), for defendant.

OPINION AND ORDER

KEENAN, District Judge:

Defendant Touche Ross & Co. ("Touche")1 seeks an Order dismissing plaintiffs' complaint on the grounds that it fails to state a claim upon which relief can be granted and that it fails to plead fraud with sufficient particularity. Fed.R.Civ.P. 12(b)(6) and 9(b). Oral argument was heard on March 11, 1991, and decision was reserved.

FACTS

The Complaint in this action...

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