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KAS v. CATERPILLAR, INC.

Nos. 90-1238, 90-1242.

815 F.Supp. 1158 (1992)

Dorothy KAS, Plaintiff, v. CATERPILLAR, INC., G.A. Schaefer, D.V. Fites, L.A. Kuchan, J.W. Kenning, and C.E. Rager, Defendants. Eric MARGOLIS, Plaintiff, v. CATERPILLAR, INC., George A. Schaefer, Donald V. Fites, Len A. Kuchan, John W. Kenning, Charles E. Rager, Defendants.

United States District Court, C.D. Illinois.

March 30, 1992.

Attorney(s) appearing for the Case

Richard Schiffrin, Schiffrin & Craig Ltd., Buffalo Grove, IL, Lee Squitieri, Abbey & Ellis, New York City, for plaintiff.

Theodore R. Johnson, Caterpillar, Inc., Peoria, IL, Michael D. Torpey, W. Reece Bader, Orrick Herrington & Sutcliffe, San Francisco, CA, for defendants.

ORDER

MIHM, Chief Judge.

Before the court is Defendant's Motion to Dismiss for Failure to Adequately Allege Scienter pursuant to Federal Rule of Civil Procedure 9(b) and Defendant's Motion to Dismiss the Second Amended Complaint pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). For the reasons set forth below, the court denies Defendant's Scienter Motion to Dismiss and grants in part and denies in part Defendant's 9(b) and 12(b)(6) Motion to...

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