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APEX ARC, INC. v. GARVEY

No. 98CIV.0353(CBM).

104 F.Supp.2d 326 (2000)

APEX ARC, INC., Plaintiff, v. John GARVEY, Thomas T. McCormick, McQuaid, Metzler, McCormick & Van Zandt LLP, and Chase Manhattan Bank, N.A., Defendants.

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

July 13, 2000.

Attorney(s) appearing for the Case

Waesche, Sheinbaum & O'Regan, P.C., New York, NY by Nicholas P. Giuliano, for Plaintiff.

Drinker Biddle & Reath LLP, Philadelphia, PA by Edward M. Posner, Michael W. McTigue Jr., for Defendants.

MEMORANDUM OPINION DISMISSING COMPLAINT AND GRANTING LEAVE TO RE-PLEAD

MOTLEY, District Judge.

OPINION

This case involves allegations of securities fraud. For the reasons outlined below the complaint against Thomas T. McCormick and McQuaid, Metzler, McCormick & Van Zandt LLP is dismissed with leave to re-plead.

BACKGROUND

On January 20, 1997 plaintiff Apex Arc, Inc. (...

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