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GART v. ELECTROSCOPE, INC.

Civil No. 97-1343 (ADM/AJB).

24 F.Supp.2d 969 (1998)

Avrom GART, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. ELECTROSCOPE, INC., Robert C. Odell, David W. Newton, Vern D. Kornelsen, Robert D. Tucker, Joe W. Tippett, Donald R. Temple, C. Randle Voyles, and John G. Kinnard and Company, Inc., Defendants.

United States District Court, D. Minnesota.

March 24, 1998.

Attorney(s) appearing for the Case

Randall H. Steinmeyer, Reinhardt & Anderson, St. Paul, MN, Leo W Desmond, Stephen Rabin, Marvin L. Frank, (argued), Rabin & Peckel, New York City, for Avrom Gart.

Mark Murray Nolan, Stapleton Nolan & McCall, St. Paul, MN, Alan M. Loeb, (argued), Lisa S. Kahn, Carole K. Jeffery, Davis Graham & Stubbs, Denver, CO, for Electroscope, Inc., Robert C. Odell, David W. Newton, Vern D. Kornelsen, Robert D. Tucker, Joe W. Tippett, Donald R. Temple, C. Randle Voyles.

Gregory John Schaefer, Frank A. Taylor, (argued), Hinshaw & Culbertson, Mpls, MN, for John G. Kinnard & Company, Inc.

MEMORANDUM OPINION AND ORDER

MONTGOMERY, District Judge.

I. INTRODUCTION

The above-entitled matter came on for hearing before the undersigned United States District Judge on December 19, 1997, pursuant to Defendants' motions to dismiss. This class action arises out of an investor's dissatisfaction with representations made in a prospectus and registration statement issued by a surgical device manufacturer in conjunction with its initial public...

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