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FISCHER v. C. J. LAWRENCE & CO., INC.

No. 78 Civ. 1575.

481 F.Supp. 357 (1979)

John L. FISCHER, George M. Rouzee, Jr., Richard R. Jeffrey and John F. Kunkel, Plaintiffs, v. C. J. LAWRENCE & COMPANY, INC. and Cyrus J. Lawrence Incorporated, Defendants. CYRUS J. LAWRENCE INCORPORATED, Counterclaimant, v. John L. FISCHER, George M. Rouzee and Richard R. Jeffrey, Counterclaim-Defendants.

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

September 11, 1979.

Attorney(s) appearing for the Case

Pollack & Kaminsky by Daniel A. Pollack, New York City, for plaintiffs and all counterclaim-defendants.

Jacobs, Persinger & Parker by I. Michael Bayada and Bernard S. Kanton, New York City, co-counsel for defendants and counterclaimant.

MEMORANDUM AND ORDER

OWEN, District Judge.

Defendants C. J. Lawrence & Company, Inc. ("CJL") and Cyrus J. Lawrence Incorporated ("Lawrence") have moved for summary judgment dismissing all five claims in the complaint. Alternatively, defendants move to dismiss the second and third claims for failure to plead fraud with sufficient particularity.

Plaintiffs are former officers of Lawrence, a Delaware corporation wholly owned by CJL. They each acquired...

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