SECURITIES & EXCHANGE COM'N v. CABLE/TEL CORP.

No. 80 Civ. 7170(MEL).

532 F.Supp. 873 (1982)

SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. CABLE/TEL CORP., et al., Defendants.

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

February 24, 1982.


Attorney(s) appearing for the Case

Donald N. Malawsky, Regional Administrator, Securities and Exchange Commission, New York City, for plaintiff; Michael T. Gregg, Ralph Pernick, New York City, Robert I. Frenkel, New York City, of counsel.

Pincus Ohrenstein Bizar D'Alessandro & Solomon, New York City, for defendants Continental Consultants Corp. and Benjamin Rabin; Irving Bizar, New York City, Susan J. Meltzer, of counsel.


LASKER, District Judge.

Continental Consultants Corp. ("CCC") and Benjamin Rabin ("Rabin") move pursuant to Fed.R.Civ.Pr. 56 and 9(b) for partial summary judgment dismissing Counts II and III of the Amended Complaint on the ground that they lack scienter with respect to the alleged fraud and for dismissal on the ground that the Amended Complaint fails to allege fraud with particularity. The Securities and Exchange Commission ("SEC") cross-moves pursuant to Fed.R....

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