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KOGAN v. NATIONAL BANK OF NORTH AMERICA

No. 75 Civ. 80.

402 F.Supp. 359 (1975)

Nathan B. KOGAN, as Trustee in Bankruptcy of Minute Approved Credit Plan, Inc., Plaintiff, v. NATIONAL BANK OF NORTH AMERICA, Defendant.

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

October 23, 1975.

Attorney(s) appearing for the Case

Nathan B. Fogelson, New York City, for plaintiff.

Cole & Deitz, New York City, for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendant, National Bank of North America ("NBNA" or the "Bank"), has moved to dismiss the complaint pursuant to Rules 9(b), 12(b) and (6) and 56(b) of the Federal Rules of Civil Procedure, on the grounds that the complaint fails to state a claim upon which relief can be granted; more particularly, that Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), and Section 10(b) of the Securities Exchange...

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