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McLAUGHLIN v. CAMPBELL

Civ. A. No. 74-697-F.

410 F.Supp. 1321 (1976)

Edward F. McLAUGHLIN, Jr., Trustee in Bankruptcy of Photon, Inc. v. Robert M. CAMPBELL et al.

United States District Court, D. Massachusetts.

January 14, 1976.

Attorney(s) appearing for the Case

Daniel B. Bickford, M. Vance Munro, Daniel O'Connell & Vincent J. Cherry, Gaston Snow & Ely Bartlett, Boston, Mass., for Edward J. McLaughlin, trustee in Bank.

Daniel O'Connell, Gaston, Snow & Ely Bartlett, Boston, Mass., for plaintiffs.

Gael Mahony, Hill & Barlow, Boston, Mass., for Stebbins & Testa.

Stephen Moulton, Moulton, Looney, Mazzone, Falk & Markham, Boston, Mass., for Robert M. Campbell.

Erik Lund, Burns & Levinson, Boston, Mass., for intervenor Am. Home Assur.

MEMORANDUM AND ORDER

FREEDMAN, District Judge.

The instant motion to dismiss has been brought by defendants Stebbins and Testa1; defendant Campbell does not join in the motion. They seek dismissal of the federal securities law claims, Counts I-III, under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Their motion with respect to the common law claims, Counts V and VI, is grounded upon lack of subject matter jurisdiction...

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