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BRYANT v. APPLE SOUTH, INC.

No. 3:97-CV-83 (DF).

25 F.Supp.2d 1372 (1998)

John BRYANT, et al., Plaintiffs, v. APPLE SOUTH, INC., et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

July 29, 1998.

Attorney(s) appearing for the Case

Martin D. Chitwood, Atlanta, GA, William S. Lerach, Darren J. Robbins, Alan Schulman, San Diego, CA, Steven E. Cauley, Little Rock, AR, for John Bryant.

Theodore J. Sawicki, Oscar N. Persons, John A. Jordak, Jr., Alston & Bird, Atlanta, GA, Edward Davison Burch, Athens, GA, for Avado Brands, Inc.

Martin D. Chitwood, Atlanta, GA, Jules Brody, New York City, Alfred G. Yates, Jr., Pittsburgh, PA, Steven E. Cauley, Little Rock, AR, for Robert C. East, Thomas R. Rutherford, S.S. Rutherford, Artel Foam Corp. Pension Trust,Stanley Cohen and Joseph Nadboy.

ORDER

FITZPATRICK, Chief Judge.

Before the Court is a motion to dismiss the above-styled action. Defendants contend that they are entitled to dismissal because the Complaint runs afoul of Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, federal securities laws, and the applicable statute of limitations. After a hearing on the motion and a review of the record, which includes an eighty five page Amended Complaint, and over ten briefs...

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