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EP MEDSYSTEMS, INC. v. ECHOCATH, INC.

No. 98-6461.

235 F.3d 865 (2000)

EP MEDSYSTEMS, INC., Appellant, v. ECHOCATH, INC.

United States Court of Appeals, Third Circuit.

Filed December 26, 2000.

Attorney(s) appearing for the Case

John J. Murphy, III, (Argued), Stradley, Ronon, Stevens & Young, LLP, Cherry Hill, NJ, Attorney for Appellant.

Richard G. Primoff, (Argued), Rubin Baum Levin Constant & Friedman, New York, NY, Attorney for Appellee.

Before: SLOVITER, ROTH and COWEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

EP MedSystems, Inc. appeals the dismissal with prejudice of its securities action against EchoCath, Inc. According to the complaint, the Chief Executive Officer of EchoCath enticed MedSystems into investing $1.4 million in EchoCath by assuring MedSystems that lengthy negotiations had already taken place with four prominent companies to market certain new EchoCath products and that contracts with these companies...

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