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STAMATIO v. HURCO COMPANIES, INC.

No. IP 94-308 C.

885 F.Supp. 1180 (1995)

Constantine STAMATIO, on behalf of himself and all others similarly situated, Plaintiffs, v. HURCO COMPANIES, INC., et al., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

April 12, 1995.

Attorney(s) appearing for the Case

Peter G. Tamulonis, Kightlinger & Gray, Indianapolis, IN, Kenneth A. Jacobsen and Francis J. Farina, Chimicles Jacobsen & Tikellis, Haverford, PA, for plaintiffs.

Christopher G. Scanlon, Kevin M. Toner, Scott D. Himsel, Baker & Daniels, and James A. McDermott, Anne N. DePrez, and Anne C. McGown, Barnes & Thornburg, Indianapolis, IN, for defendants.

ENTRY

BARKER, Chief Judge.

Defendants Hurco Companies, Inc., ("Hurco") et al., and Coopers & Lybrand ("C & L") (collectively "Defendants") move to dismiss Plaintiff's Complaint pursuant to Fed. R.Civ.P. 9(b) and 12(b)(6). For the reasons stated below, the Court grants Defendants' motion to dismiss Counts I and II with prejudice and dismisses Count III without prejudice.

I. BACKGROUND

Defendant Hurco, an Indiana corporation located...

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