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INDEPENDENT ORDER OF FORESTERS v. DONALDSON

No. 95 Civ. 2568 (DAB).

919 F.Supp. 149 (1996)

The INDEPENDENT ORDER OF FORESTERS, Plaintiff, v. DONALDSON, LUFKIN & JENRETTE INC., and Donaldson, Lufkin & Jenrette Securities Corp., Defendants.

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

March 13, 1996.

Attorney(s) appearing for the Case

Edward C. Cerny, III, Michael J. McAllister, William E. Kelly, Lane & Mittendorf, New York City, for Plaintiff.

Michael R. Lazerwitz, Jean E. Kalicki, Judith R. Margolin, Brandt J. Goldstein, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, Jonathan I. Blackman, New York City, for Defendants.

MEMORANDUM AND ORDER

BATTS, District Judge.

Plaintiff, The Independent Order of Foresters, brings this diversity action for breach of warranty, mutual mistake, breach of fiduciary duty and negligent and fraudulent misrepresentation, based on the sale of securities. Defendants, Donaldson, Lufkin & Jenrette, Inc. and Donaldson, Lufkin & Jenrette Securities Corp., have moved to dismiss the Complaint pursuant to Fed. R.Civ.P. 12(b)(6) and 9(b...

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