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JOYCE v. JOYCE BEVERAGES, INC.

No. 76 CIV. 5846(MP).

430 F.Supp. 676 (1977)

William J. JOYCE et al., Plaintiffs, v. JOYCE BEVERAGES, INC., et al., Defendants.

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

April 28, 1977.

Attorney(s) appearing for the Case

Katten, Muchin, Gitles, Zavis, Pearl & Galler, Chicago, Ill., for plaintiffs; Chadborne, Parke, Whiteside & Wolff, New York City, of counsel.

Shea, Gould, Climenko & Casey, New York City, for defendants.

DECISION

POLLACK, District Judge.

Defendants move, pursuant to Fed.R. Civ.P. 12(b)(6) and 9(b) for a dismissal of the complaint for failure to state a sufficient claim for relief and failure to plead with particularity any circumstances constituting fraud.

On April 30, 1973 plaintiffs exchanged their common stock in four "Seven-Up" bottling companies ("Operating Companies") incorporated in the State of Illinois for shares in Joyce Beverages, Inc...

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