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McLEARN v. COWEN & CO.

No. 75 Civ. 1563 (CMM).

506 F.Supp. 489 (1981)

Mildred A. McLEARN, Plaintiff, v. COWEN & CO., Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Barrett Siniwitz and Leonard Fuchs, Individually, Defendants.

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

January 21, 1981.

Attorney(s) appearing for the Case

Saxe, Bacon & Bolan, New York City, for plaintiff; Roy M. Cohn, John A. Kiser, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendant Cowen & Co.; Robert J. Kheel, New York City, of counsel.

Brown, Wood, Ivey, Mitchell & Petty, New York City, for defendant Merrill Lynch, Pierce, Fenner & Smith Incorporated; Roger J. Hawke, New York City, of counsel.

METZNER, District Judge:

Plaintiff seeks an order amending an order dated January 12, 1976, to indicate that the dismissal of any common law claims alleged in the amended complaint was not on the merits. Fed.R.Civ.P. 60(a). That complaint had been dismissed for failure to comply with Rule 9(b), Fed.R.Civ.P.

The original complaint alleged that jurisdiction and venue in the action was predicated on Section 10(b) of the Securities Exchange Act of 1934, 15 U.S...

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