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ARNLUND v. DELOITTE & TOUCHE LLP

No. Civ. 3:01CV353.

199 F.Supp.2d 461 (2002)

Bert E. ARNLUND, et al., Plaintiffs, v. DELOITTE & TOUCHE LLP, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

May 8, 2002.

Attorney(s) appearing for the Case

Steven S. Biss, Richmond, VA, for Plaintiffs.

Michael D. Warden, Griffith L. Green, Richard D. Bernstein, Sidley Austin Brown & Wood, Washington, DC, James T. Williams, Jr., Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, NC, for Defendants.

MEMORANDUM OPINION

PAYNE, District Judge.

Pursuant to Fed.R.Civ.P 12(b)(6), Deloitte & Touche, L.L.P. ("Deloitte") has moved for the dismissal of the Amended Complaint in which Plaintiffs allege that Deloitte committed securities fraud under Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) (the "1934 Act") and Securities Exchange Commission Rule 10(b)(5) ("Rule 10(b)(5)"), and actual and constructive common law fraud. The...

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