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NIKKO ASSET MANAGEMENT CO., LTD. v. UBS AG

No. 02 Civ.8151 RWS.

303 F.Supp.2d 456 (2004)

NIKKO ASSET MANAGEMENT CO., LTD., on behalf of itself, and as Trustee of Nikko Money Management Fund ("MMF") and PF HMMF, Nikko Asset Management Co., Ltd. Money Management Fund ("MMF"), and PF HMMF, Plaintiffs, v. UBS AG, UBS Warburg (Japan), Ltd., UBS Warburg, UBS Warburg LLC, UBS AG London Branch, and UBS AG Jersey Branch, Defendants.

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

February 11, 2004.

Attorney(s) appearing for the Case

Abbey Gardy byPaul O. Paradis, Evan J. Kaufman, Gina M. Tufaro, Michelle Z. Hall, New York City, Puls Taylor & Woodson by W. Kelly Plus, Brant C. Martin, Fort Worth, TX, for Plaintiffs.

Sullivan & Cromwell by Robert J. Giuffra, Jr., Brent J. McIntosh, New York City, for Defendants.

OPINION

SWEET, District Judge.

Defendants UBS AG, UBS Warburg (Japan), Ltd. ("UBS Japan"), UBS Warburg, UBS Warburg LLC ("UBS Warburg"), UBS AG London Branch, and UBS AG Jersey Branch ("UBS AG") (collectively "UBS") have moved pursuant to Rule 9(b), 12(b)(1), and 12(b)6, Fed.R.Civ.P., and the doctrine of forum non conveniens to dismiss the corrected first amended complaint ("CFAC") of plaintiffs Nikko Asset Management Co., Ltd. ("Nikko"), Nikko...

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