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AMERICAN BANK & T. CO. v. BARAD SHAFF SECURITIES CORP.

No. 70 Civ. 4876.

335 F.Supp. 1276 (1972)

AMERICAN BANK & TRUST COMPANY, Plaintiff, v. BARAD SHAFF SECURITIES CORP. et al., Defendants.

United States District Court, S. D. New York.

January 5, 1972.

Attorney(s) appearing for the Case

Guzik & Boukstein, New York City, for plaintiff by Leo Guzik, Joseph H. Einstein, Lawrence Lefkowitz, New York City, of counsel.

Harry T. Sherman, New York City, for defendant Barad Shaff Securities Corp. by Louis I. Newman, New York City, of counsel.

Gregory D. Erwin, Omaha, Neb., Clare & Whitehead, New York City, for defendant Equivest Corp.

GURFEIN, District Judge.

This is a set of two motions to dismiss the amended and supplemental complaint, both pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure on the grounds that: (1) the Court lacks jurisdiction of the subject matter of the action by reason of the plaintiff's lack of standing; and (2) the complaint fails to state a claim upon which relief can be granted. The motions are made on behalf of two of the defendants, namely, Barad...

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