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MANELA v. GOTTLIEB

No. 91 Civ. 5510 (RPP).

784 F.Supp. 84 (1992)

Ralph MANELA, Debra Gallaro, and Daniel Venditto, Individually and Derivatively on behalf of Triumph Ventures, Inc., Plaintiffs, v. Allen GOTTLIEB, Benjamin Marcovitch, Privat Capital Corp., McLaughlin & Stern, Ballen and Ballen, and Leon Lipkin, Defendants.

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

February 10, 1992.

Attorney(s) appearing for the Case

Silverman, Collura & Chernis, P.C. by Paul Chernis, Ronald Balzano, New York City, for plaintiffs.

McLaughlin & Stern, Ballen and Ballen by Leon Lipkin, David Etkind, pro se.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action alleging violations of the federal securities laws and various state law claims sounding in fraud, breach of fiduciary duty, and breach of contract. Two of the defendants move jointly to dismiss the Complaint pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, or, in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil...

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