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BHC INTERIM FUNDING, L.P. v. FINANTRA CAPITAL, INC.

No. 02CIV.6553 (WK)(DFE).

283 F.Supp.2d 968 (2003)

BHC INTERIM FUNDING, L.P.; Travelers Investment Corporation, Plaintiffs, v. FINANTRA CAPITAL, INC., et al., Defendants.

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

September 24, 2003.

Attorney(s) appearing for the Case

Joshua L. Mallin, Weg and Myers, P.C., New York City, for Plaintiffs.

Audrey Strauss, Fried, Frank, Harris, Shriver & Jacobson, New York City, for PricewaterhouseCoopers, LLP.

Stephen G. Rinehart, Jenkens & Gilchrist Parker Chapin LLP, New York City, for Charles Litt, Thomas Dwyer, and Arthur Press.

Barry J. Friedberg, Trachtenberg Rodes & Friedberg LLP, New York City, for Anthony Brada.

OPINION

GRIESA, District Judge.

Defendants PricewaterhouseCoopers, LLP ("PwC") and Anthony Brada have filed motions under Fed.R.Civ.P. 12(b)(6) to dismiss the complaint as to these defendants. Defendants Charles Litt, Thomas Dwyer and Arthur J. Press have filed a joint motion to dismiss under Fed.R.Civ.P. 9(b) and 12(b)(6). Plaintiffs filed responses to the three motions, along with a cross-motion for leave to file an amended complaint.

The...

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