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AVC NEDERLAND B.V. v. ATRIUM INV. PARTNERSHIP

No. 1444, Docket 84-7305.

740 F.2d 148 (1984)

AVC NEDERLAND B.V., Plaintiff-Appellant, v. ATRIUM INVESTMENT PARTNERSHIP, Pieter Kuik and Robert K. Lenting, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 19, 1984.

Attorney(s) appearing for the Case

James M. Brachman, New York City (Freeman, Wasserman & Schneider, New York City), for plaintiff-appellant.

Thomas B. Branch, III, Atlanta, Ga. (Wildman, Harrold, Allen, Dixon & Branch, Atlanta, Ga. (Brian N. Smiley, Atlanta, Ga., of counsel), and Meltzer, Lippe & Goldstein, P.C., Mineola, N.Y. (Alan L. Mittman, New York City, of counsel)), for defendants-appellees.

Before FRIENDLY, VAN GRAAFEILAND and WINTER, Circuit Judges.

FRIENDLY, Circuit Judge:

The issues on this appeal from an order of the District Court for the Eastern District of New York dismissing an action under § 10(b) of the Securities Exchange Act and the SEC's Rule 10b-5 are whether the complaint alleged a claim within that court's subject-matter jurisdiction and, if so, whether the court properly dismissed the action because of an agreement of the parties that disputes between them should be decided by the competent...

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