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LINDNER DIVIDEND FUND, INC. v. ERNST & YOUNG

Civ. A. No. 92-12372-WJS.

880 F.Supp. 49 (1995)

LINDNER DIVIDEND FUND, INC., a Missouri corporation and Whitehill Capital, Inc., a New York corporation, Plaintiffs, v. ERNST & YOUNG, a partnership consisting of Certified Public Accountants, formerly known as Ernst & Whinney, Defendant.

United States District Court, D. Massachusetts.

March 23, 1995.

Attorney(s) appearing for the Case

Benedict Bader, I. Walton Bader, Bader & Bader, White Plains, NY, for Lindner Dividend Fund, Inc., and Whitehill Capital, Inc.

Laura Steinberg, Sullivan & Worcester, Nancy Israel, Boston, MA, Daniel F. Kolb, Timothy J. Mayopoulos, Jacqueline O. LiCalzi, Norman B. Champ, III, Davis Polk & Wardwell, New York City, for Ernst & Whinney.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT

SKINNER, Senior District Judge.

This is an action for violations of section 18(a) of the Securities and Exchange Act of 1934, 15 U.S.C. 78r(a), gross negligence under Missouri and New York state law, and violations of the Missouri Uniform Securities Act brought by plaintiffs to recover damages suffered allegedly as a result of their purchase of securities in reliance on defendant...

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