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MICHAEL v. CLARK EQUIPMENT COMPANY

No. 488, Docket 31219.

380 F.2d 351 (1967)

Jules MICHAEL, Plaintiff-Appellant v. CLARK EQUIPMENT COMPANY, Clark Leasing Corporation and Clark Rental Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 13, 1967.

Attorney(s) appearing for the Case

Bernard H. Fitzpatrick, New York City (Butler, Fitzpatrick & DeSio, New York City, on the brief), for appellant.

John J. Macchia, New York City (Townley, Updike, Carter & Rogers and Richard R. Lutz, New York City, on the brief), for appellees.

Before HAYS and FEINBERG, Circuit Judges, and McLEAN, District Judge.

HAYS, Circuit Judge:

This is an appeal from an order dismissing plaintiff's complaint. Two grounds were given by the district court for its action: (1) failure of the plaintiff to plead fraud with sufficient particularity to satisfy the requirements of Rule 9(b) of the Federal Rules of Civil Procedure1 and (2) failure of plaintiff to comply with an order of the court to set forth his causes of...

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