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ACLI INTERN. COMMODITY v. BANQUE POPULAIRE SUISSE

No. 82 Civ. 1058.

550 F.Supp. 144 (1982)

ACLI INTERNATIONAL COMMODITY SERVICES, INC., Plaintiff, v. BANQUE POPULAIRE SUISSE, et al., Defendants.

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

November 2, 1982.

Attorney(s) appearing for the Case

Rogers & Wells, New York City, for plaintiff; William R. Glendon, Guy C. Quinlan, Susan A. Garcia, Anne E. Fontaine, New York City, of counsel.

Arnold & Porter, Washington, D.C., Gilbert, Segall & Young, New York City, for defendant Banque Populaire Suisse; Brooksley Born, Washington, D.C., Howard Wilson, New York City, of counsel.

SOFAER, District Judge:

Defendant Banque Populaire Suisse ("Banque") moved to dismiss the complaint in this case. At a hearing on October 21, 1982 the Court denied the motion insofar as it sought dismissal on grounds of (1) an alleged assignment of plaintiff's fraud claims, (2) forum non conveniens and (3) failure to plead fraud with particularity. The Court, however, granted defendant's motion to dismiss certain claims based on Section 4b of the Commodity Exchange...

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