Evelyn BENFIELD and Albert Kinzinger, Jr., individually and on behalf of all those similarly situated, Plaintiffs-Appellants,
v.
MOCATTA METALS CORPORATION, the Mocatta Corporation, and Metals Quality Corporation, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 4, 1994.
Decided June 15, 1994.
Attorney(s) appearing for the Case
J. Dennis Faucher, New York City (Miller Faucher Chertow Cafferty and Wexler, and Christopher Lovell, P.C., New York City, of counsel), for plaintiffs-appellants.
Gandolfo V. DiBlasi, New York City (Kenneth M. Raisler, Charles Sullivan, Patricia M. Clarke, Sullivan & Cromwell, New York City, of counsel), for defendant-appellee Mocatta Metals Corp.
Earl H. Nemser, New York City (Howard R. Hawkins, Jr., Gary J. Mennitt, Susan F. DiCicco, Cadwalader, Wickersham & Taft, New York City, of counsel), for defendant-appellee The Mocatta Corp., currently known as The Falconwood Corp., and formerly known as Metals Quality Corp.
Stanley M. Grossman, President, New York City, and Jonathan W. Cuneo, General Counsel, Washington, D.C., submitted a brief for National Ass'n of Securities and Commercial Law Attys., amicus curiae.
Before: VAN GRAAFEILAND, McLAUGHLIN and LEVAL, Circuit Judges.
United States Court of Appeals, Second Circuit.
VAN GRAAFEILAND, Circuit Judge:
Evelyn Benfield and Albert Kinzinger, Jr. appeal from a judgment of the United States District Court for the Southern District of New York (Preska, J.)1 dismissing on statute of limitation grounds their Second Amended Complaint against Mocatta Metals Corporation, The Mocatta Corporation, and Metals Quality Corporation. The defendant corporations, which dealt in precious and non-precious metals, were commonly...
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