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LEEMON v. BURNS

No. 99 CIV 9432 (AJP).

175 F.Supp.2d 551 (2001)

Ira LEEMON, Plaintiff, v. Gerry BURNS a/k/a John Henry, Steven Nocito, Franco Nocito, James Young, CCF Capital Group, Inc., Pines International Resort, Inc., and Whalen E. McMullen, Defendants.

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

May 2, 2001.

Attorney(s) appearing for the Case

Michael R. Koblenz, Mound, Cotton & Wollan, New York City, for plaintiff.

Ross M. Abelow, Abelow & Cassandro, LLP, New York City, for defendants.

OPINION AND ORDER

PECK, United States Magistrate Judge.

Plaintiff Ira Leemon has sued defendants CCF Capital Group, Inc., Steven Nocito, Franco Nocito, Gerry Burns a/k/a John Henry, Pines International Resorts, Inc., and Waylon McMullen (collectively "defendants"), claiming violations of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, and breach of contract. Defendants moved to dismiss the complaint, inter alia, pursuant...

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