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KLEIN ON BEHALF OF IRA v. PDG REMEDIATION, INC.

No. 95 Civ. 4954 (DAB).

937 F.Supp. 323 (1996)

Naomi KLEIN, on Behalf of the Naomi Klein IRA and All Others Similarly Situated, Plaintiffs, v. PDG REMEDIATION, INC., et al. Defendants.

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

September 17, 1996.

Attorney(s) appearing for the Case

Lowey Dannenberg Bemporad & Selinger, P.C., New York City (Richard Bemporad, David C. Harrison, Thomas M. Skelton, of counsel), for Plaintiffs.

Kelley Drye & Warren, New York City (Alan R. Kusinitz, Roderick J. Cassidy, of counsel), for Defendants.

MEMORANDUM AND ORDER

BATTS, District Judge.

Plaintiff, on behalf of a class,1 brings this action for recovery pursuant to Sections 11, 12(2) and 15 of the Securities Act of 1933. Defendants2 now move to dismiss the sections 11 and 12(2) claims pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

I. BACKGROUND

Plaintiff brings her claim as a class action on behalf...

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