CRESSWELL v. PRUDENTIAL-BACHE SECURITIES, INC.

No. 83 Civ. 2099 (RWS).

580 F.Supp. 55 (1984)

Edward CRESSWELL, et al., Plaintiffs, v. PRUDENTIAL-BACHE SECURITIES, INC., Defendant.

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

February 22, 1984.


Attorney(s) appearing for the Case

Edward J. Swan, New York City, for plaintiffs.

Sullivan & Cromwell, New York City, for defendant; Marvin Schwartz, Howard D. Burnett, John L. Hardiman, New York City, of counsel.


OPINION

SWEET, District Judge.

Defendant Prudential-Bache Securities, Inc. ("Prudential-Bache") has moved for summary judgment dismissing plaintiffs' claim for fraud under the Commodity Exchange Act ("CEA"), 7 U.S.C. § 6b, for lack of subject matter jurisdiction and the remaining claims under the doctrine of forum non conveniens. For the reasons given below, the motions are denied.

Plaintiffs are 11 corporate investors, 10 of which are...

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