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MARSHEL v. AFW FABRIC CORP.

No. 75 Civ. 1018 (LFM).

441 F.Supp. 299 (1977)

Arnold MARSHEL, Plaintiff, v. AFW FABRIC CORP., Concord Fabrics, Inc., Alvin Weinstein and Frank Weinstein, Defendants. Guy MICHAELS, Plaintiff, v. Alvin WEINSTEIN, Frank Weinstein, AFW Fabric Corp. and Concord Fabrics, Inc., Defendants. Jesse KRAUSE, Plaintiff, v. CONCORD FABRICS, INC., AFW Fabric Corp., Alvin Weinstein and Frank Weinstein, Defendants.

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

December 1, 1977.

Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for defendants AFW Fabric Corp., Alvin Weinstein and Frank Weinstein by Kurt J. Wolff, Daniel Wallen and Walter B. Klasson, New York City.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant Concord Fabrics, Inc. by Milton Sherman, New York City.

Rubin, Baum, Levin, Constant & Friedman, New York City, for plaintiff Marshel by Martin A. Coleman, New York City.

OPINION

MacMAHON, District Judge.

Defendants move, pursuant to Rule 12(b), Fed.R.Civ.P., to dismiss plaintiffs' consolidated amended complaint and the underlying constituent complaints for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction.

With respect to the alleged violations of the federal securities laws, we noted in our opinion denying preliminary injunctive relief (Marshel v. AFW Fabric...

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