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PILARCZYK v. MORRISON KNUDSEN CORP.

No. 95-CV-1835.

965 F.Supp. 311 (1997)

Karol PILARCZYK, Ph.D., Roma Z. Pilarczyk, Andrzej P. Pilarczyk, Ian C. Pilarczyk, Jean-Paul Poulin and Anne M. Lagan, Plaintiffs, v. MORRISON KNUDSEN CORPORATION, MK Rail Corporation, William J. Agee, Stephen G. Hanks, James F. Cleary, Jr., Thomas J. Smith, John P. Herbots, James P. O'Donnell, Defendants.

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

May 19, 1997.

Attorney(s) appearing for the Case

DeGraff, Foy, Holt-Harris, Mealy & Kunz, L.L.P., Albany, NY, for Plaintiffs; Terence J. Devine, George J. Szary, of counsel.

Nixon, Hargrave, Devans & Doyle, L.L.P., Albany, NY, for Defendants; Andrew C. Rose, of counsel.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

Plaintiffs bring this securities fraud action pursuant to Section 10(b) of the Securities and Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78j(b), and Section 20(a) of the Exchange Act, 15 U.S.C. § 78t(a). Plaintiffs also bring various common law causes of action. Defendants now move, pursuant to Fed.R.Civ.P. 12 and 9, to dismiss the Complaint. Plaintiffs cross-move for leave to amend...

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