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IN RE CDNOW, INC. SECURITIES LITIGATION

This Document Relates to: CIV.A. 00 CV 4742, CIV.A. 00 CV 4559, CIV.A. 00 CV 4920, CIV.A. 00 CV 4572, CIV.A. 00 CV 5221, Nos. CIV.A. 00 CV 4290,

138 F.Supp.2d 624 (2001)

In re CDNOW, INC. SECURITIES LITIGATION.

United States District Court, E.D. Pennsylvania.

April 10, 2001.

Attorney(s) appearing for the Case

Susan R. Gross, Law Offices of Bernard M. Gross, P.C., Philadelphia, PA, Jill Abrams, Abbey, Gardy & Squitieri, LLP, Lawrence E. Fenster, Ross & Hardies, New York City, for Plaintiffs.

Marc J. Sonnenfeld, Karen Pieslak Pohlmann, Morgan, Lewis & Bockius LLP, Philadelphia, PA, Defendants.

Jill Abrams, Abbey, Grady & Squitieri, LLP, New York City, Eugene A. Spector, Spector, Roseman & Kodroff, P.C., Philadelphia, PA, Lawrence E. Fenster, Ross & Hardies, New York City, Stuart L. Berman, Robert B. Weiser, Schiffrin & Barroway, LLC, Bala Cynwyd, PA, for Movants.

MEMORANDUM & ORDER

KATZ, Senior District Judge.

The above-captioned actions, each of which allege security fraud by defendant CDnow, Inc. and several of its officers, have been consolidated into a putative class action. Now before the court is the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), and for failure to plead fraud with sufficient...

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