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BLATT v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC.

Civil Action No. 94-2348.

916 F.Supp. 1343 (1996)

Bernardo BLATT, etc., et al., Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, et al., Defendants.

United States District Court, D. New Jersey.

February 23, 1996.

Attorney(s) appearing for the Case

Michael L. Kirby, Jeffrey P. Lendrum, Post Kirby Noonan & Sweat, San Diego, CA, Jared B. Stamell, Stamell, Tabacco & Schager, New York City, Thomas G. Shapiro, Shapiro, Grace, Haber & Urmy, Boston, MA, Christopher Lovell, New York City, and John Maher, Summit, NJ, for Plaintiffs.

Brian F. Amery, David J. Libowsky, Bressler, Amery & Ross, Morristown, NJ, James N. Benedict, Mark Holland, Lori A. Martin, James F. Moyle, Christopher J. O'Rourke, Rogers & Wells, New York City, and Lawrence W. Newman, Grant Hanessian, Baker & McKenzie, New York City, for Defendants.

OPINION

WOLIN, District Judge.

This matter is before the Court upon Defendants' Motion to Dismiss the Second Amended Class Action Complaint (hereinafter the "SAC") pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. This motion has been decided upon the written submissions of the parties pursuant to Federal Rule of Civil Procedure 78. For the reasons set forth below, the Court will grant...

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