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FRIGITEMP CORP. v. FINANCIAL DYNAMICS FUND, INC.

No. 963, Docket 75-7030.

524 F.2d 275 (1975)

FRIGITEMP CORP. et al., Plaintiffs-Appellants, v. FINANCIAL DYNAMICS FUND, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 14, 1975.

Attorney(s) appearing for the Case

Gerald D. Fischer, New York City (Blackman, Lefrak, Feld & Fischer and Lloyd D. Feld, New York City, of counsel), for plaintiffs-appellants.

Michael C. Devine, New York City (Butowsky, Schwenke & Devine, New York City, of counsel), for defendants-appellees Financial Dynamics Fund, Inc., Financial Industrial Fund, Inc. and Financial Venture Fund, Inc.

Barry H. Garfinkel, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City, and Ireland, Stapelton, Pryor & Holmes, P. C., Denver, Colo., of counsel), for defendants-appellees Financial Programs, Inc., Robert E. Anton and John M. Butler.

Before GIBBONS, GURFEIN and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, dismissing the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Plaintiff Frigitemp Corp. (Frigitemp) is a New York corporation. The four individual plaintiffs, Gerald Lee, Gerald Ross, Henry Gutman and Leon Guttman...

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