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DEPAJA ENTERPRISES, LTD. v. AMERICAN BANK

No. 77 Civ. 6075.

454 F.Supp. 413 (1978)

DEPAJA ENTERPRISES, LTD., Plaintiff, v. The AMERICAN BANK & TRUST COMPANY, American B & T Corporation, Continental Trade Bank, Saul Kagan, Abraham Feinberg, Stanley Kreitman, Leslie Geiger, Jose Klein, Alexander Szasz, Torleaf H. Benestad, Arthus Vare, Martin Wolf, Francisco Klein, Thomas J. Klutznick, Jean L. Wolf, Richard G. Helfman, Fabio Bohorques, Fred R. Dreyer, Vincent G. Staff, Robert Migatz, Edmund A. Fleckstein, Max Weiner, Herbert E. Mardos, Harold Michaels, Juan Graiver, Henrique Brodsky, Leonard Rudolph, Bank Leumi, the Federal Deposit Insurance Corporation, "John Does" 1 through 20, the persons intended being officers, directors, agents or employees of the American Bank & Trust Company and American B & T Corporation whose names are presently unknown to plaintiff, Defendants.

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

July 26, 1978.

Attorney(s) appearing for the Case

Covington, Howard, Hagood & Holland, New York City, for plaintiff.

Kaye, Scholer, Fierman, Hays & Handler, New York City by Julius Berman, New York City, of counsel, for defendants.

OPINION

SWEET, District Judge.

This motion is brought by defendant Bank Leumi Trust Company of New York ("Bank Leumi") for an order pursuant to Rule 12(b), Fed.R.Civ.P., dismissing the complaint as against Bank Leumi on the grounds that this court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. The complaint asserts subject matter jurisdiction by virtue of the federal securities laws, the...

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