IN RE FORTUNE SYSTEMS SECURITIES LITIGATION

No. C-83-3348A WHO.

604 F.Supp. 150 (1984)

In re FORTUNE SYSTEMS SECURITIES LITIGATION.

United States District Court, N.D. California.

September 17, 1984.


Attorney(s) appearing for the Case

David B. Gold, John W. Allured, San Francisco, Cal., for plaintiffs.

Stephen Kapustin, Philadelphia, Pa., for C.E. Pappas, M.D.

Melvin R. Goldman, Janet M. Cooper, Paul R. Dieseth, Morrison & Foerster, Bruce G. Vanyo, Philip R. Rotner, Douglas Y. Peters, McCutchen, Doyle, Brown & Enerson, San Francisco, Cal., for defendants.


OPINION

ORRICK, District Judge.

This Court, heretofore having had the benefit of excellent, extensive oral argument, granted defendants' motions for dismissal of two counts of the complaint, alleging violations of §§ 17(a), 15 U.S.C. § 77q(a), and 12(2), 15 U.S.C. § 77l, of the Securities Act of 1933 (the "1933 Act").1 Because questions involving the interpretation of those two sections occur frequently...

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