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BENNETT v. UNITED STATES TRUST CO. OF NEW YORK

No. 948, Docket 84-9036.

770 F.2d 308 (1985)

Richard D. BENNETT and Carole A. Bennett, Plaintiffs-Appellants, v. UNITED STATES TRUST COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 9, 1985.

Attorney(s) appearing for the Case

Edward Brodsky, New York City (Richard P. Swanson, Spengler Carlson Gubar Brodsky & Frischling, New York City, of counsel), for plaintiffs-appellants.

Bernard Cedarbaum, New York City (Elizabeth Richter, Carter, Ledyard & Milburn, New York City, of counsel), for defendant-appellee.

Before MESKILL and PRATT, Circuit Judges, and PALMIERI, District Judge.

MESKILL, Circuit Judge:

This is an appeal from a final judgment of the United States District Court for the Southern District of New York, Duffy, J., dismissing appellants' complaint for failure to state a claim upon which relief could be granted. The complaint alleges causes of action under section 7 of the Securities Exchange Act of 1934, 15 U.S.C. § 78g (1982), under section 10(b) of the 1934 Act, 15 U.S.C. § 78j(b) (1982), and rule 10b-5, 17 C.F.R. ...

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