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KRAMER v. TIME WARNER INC.

No. 1198, Docket 90-9014.

937 F.2d 767 (1991)

Laurence KRAMER, Plaintiff-Appellant, v. TIME WARNER INC., Warner Communications Inc., Steven J. Ross, Martin D. Payson, Deane F. Johnson, Bert W. Wasserman, and Merv Adelson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission April 26, 1991.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Sidney B. Silverman, New York City (Joan T. Harnes, Harold B. Obstfeld, Silverman, Harnes & Obstfeld, of counsel), for plaintiff-appellant.

Max Gitter, New York City (J. Jay Lobell, Paul, Weiss, Rifkind, Wharton & Garrison, Robert D. Joffe, Cravath, Swaine & Moore, of counsel), for defendants-appellees.

Before KEARSE, WINTER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This securities action arises from the merger of Time Incorporated ("Time") and Warner Communications, Inc. ("Warner"). Judge Sand dismissed the complaint under Fed.R.Civ.P. 12(b)(6) and 9(b). We affirm. We hold that a district court may consider relevant documents required by the securities laws to be filed with the Securities and Exchange Commission ("SEC") in determining a motion to dismiss a complaint

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