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CONDUS v. HOWARD SAV. BANK

Civ. A. No. 91-2465.

781 F.Supp. 1052 (1992)

Augustus CONDUS, et al., Plaintiffs, v. HOWARD SAVINGS BANK, et al., Defendants.

United States District Court, D. New Jersey.

January 6, 1992.

Attorney(s) appearing for the Case

Jared Stamell, Bayonne, N.J., for plaintiffs.

Richard H. Klapper, John B. Reid-Dodick, Sullivan & Cromwell, New York City, Daniel D. Caldwell, Wolff & Samson, Roseland, N.J., for defendants.

OPINION

WOLIN, District Judge.

Before the Court is defendants' motion to dismiss Counts II and III of plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, defendants' motion will be granted in part and denied in part as to Count III, and will be denied as to Count II.

BACKGROUND

Plaintiffs Augustus Condus, Christopher D. Harding, John D. Conner, Abram Schmier, Howard Phillips and David...

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