MEMORANDUM & ORDER
WILLIAM H. PAULEY III, District Judge.
The Securities and Exchange Commission ("SEC") brings this accounting fraud action against Jack J. Egan, Jr., C.P.A., alleging violations of the Securities Exchange Act of 1934, the Securities Act of 1933, and the Exchange Act Rules. Egan moves under Federal Rules of Civil Procedure 12(b)(6) and 9(b) to dismiss the claims sounding in fraud for failure to state a
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