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IN RE LLOYD'S AMERICAN TRUST FUND LITIGATION

No. 96 Civ. 1262 (RWS).

954 F.Supp. 656 (1997)

In re LLOYD'S AMERICAN TRUST FUND LITIGATION.

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

January 24, 1997.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach, New York City (David J. Bershad, Sanford P. Dumain, Regina L. LaPolla, of counsel), for Plaintiffs Gasper Celauro, Warren Peterson, Mark S. Rose, Elice J. Rose and John Norton.

Camhy Karlinsky & Stein, New York City (Kenneth A. LaPatine, Mark Budoff, of counsel), for Plaintiff Michael Montana.

Shearman & Sterling, New York City (Frederick T. Davis, Donald A. Goldsmith, Henry Weisburg, of counsel), for Defendant Citibank, N.A.

DeBevoise & Plimpton, New York City (John H. Hall, of counsel), for Defendant Citibank, N.A.

OPINION

SWEET, District Judge.

In this consolidated action alleging breach of fiduciary duty and breach of contract and seeking damages, injunctive relief and an accounting, Defendant Citibank, N.A. ("Citibank") has moved to dismiss the complaints against it on grounds of improper forum, pursuant to Fed.R.Civ.P. 12(b)(3), failure to join an indispensable party, pursuant to Fed. R.Civ.P. 12(b)(7), and failure...

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