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ACITO v. IMCERA GROUP, INC.

No. 367, Docket 94-7149.

47 F.3d 47 (1995)

Thomas E. ACITO, on behalf of himself and all others similarly situated and Neil Blinderman, Plaintiffs-Appellants, v. IMCERA GROUP, INC.; George D. Kennedy; Blakeman M. Ingle; Raymond F. Bentele; and Boyd D. Wainscott, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Curtis V. Trinko, New York City (Timothy J. MacFall, Law Offices of Curtis V. Trinko, and Lee Squitieri, Abbey & Ellis, of counsel), for plaintiffs-appellants.

Richard W. Reinthaler, New York City (Cyrus Benson III, White & Case), for defendants-appellees.

Before: OAKES, KEARSE, and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-appellants Thomas E. Acito and Neil Blinderman, on behalf of themselves and all others similarly situated, appeal from a judgment entered on October 13, 1993 in the United States District Court for the Southern District of New York (Owen, J.) granting a motion made by defendants-appellees, pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6), to dismiss the complaint. The court held that the complaint failed to include the specific factual...

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