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S.E.C. v. CASSANO

No. 99 Civ. 3822(LAK).

61 F.Supp.2d 31 (1999)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Lorraine K. CASSANO, et al., Defendants.

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

August 25, 1999.

Attorney(s) appearing for the Case

Juan Marcel Marcelino, District Administrator, David E. Marder, Kimberly M. Zimmer, for plaintiff.

Franklin D. Ormsten, Jericho, NY, for defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

This insider trading case is before the Court on the motion of defendants Dominic Alba, Dominic Spinelli, Josephine DeCicco and Claudio Spinelli (the "Alba Defendants") to dismiss the complaint on the grounds that it fails to plead fraud with the particularity required by FED.R.CIV.P. 9(b) and fails to state a claim upon which relief may be granted. Given the nature of the motion, the well pleaded factual allegations...

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