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CITADEL MANAGEMENT, INC. v. TELESIS TRUST, INC.

No. 00 Civ. 2342(RWS).

123 F.Supp.2d 133 (2000)

CITADEL MANAGEMENT INC., a Bahamian Corporation, Plaintiff, v. TELESIS TRUST, INC., a Delaware corporation, Brite Business S.A., a British Virgin Island corporation, Mensana Corporation, a Bahamian corporation, Charles W. Sullivan, Marjorie Hertzog, a/k/a Marjorie S. Tyson, a/k/a Marjorie Suzan Tyson, and Johan Hertzog, a/k/a Johan Christiaan Hertzog, a/k/a Johan Tysonhertzog, Defendants.

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

As Amended November 28, 2000.

Attorney(s) appearing for the Case

Mintmire & Associates, Palm Beach, FL, Mercedes Travis, of counsel, for plaintiff.

Herrick, Feinstein, New York City, James A. Moss, Darlene Fairman, Richard Y. Im, of counsel, for Defendants Charles W. Sullivan and Mensana Corporation.

Morris K. Mitrani, New York City, for Remaining Defendants.

OPINION

SWEET, District Judge.

Defendants Charles W. Sullivan ("Sullivan") and Mensana Corporation ("Mensana") have moved to dismiss the Amended Complaint in its entirety pursuant to Rules 9(b), 12(b)(2), (4) and (6), Fed.R.Civ.P., for failure to state a claim upon which relief may be granted, failing to plead fraud with particularity, lack of jurisdiction and insufficiency of service of process. Plaintiff Citadel Management, Inc. ("Citadel") has...

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