LEONE v. ADVEST, INC.

No. 85 Civ. 1283 (RLC).

624 F.Supp. 297 (1985)

Josephine LEONE and Josephine Leone as Executrix of the Estate of Andrew Leone, Plaintiffs, v. ADVEST, INC., Thomson-McKinnon Securities, Inc., Prudential-Bache Securities, Inc., and Jerome Messana, Defendants.

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

December 10, 1985.


Attorney(s) appearing for the Case

Demov, Morris & Hammerling, New York City, for plaintiffs; Felice F. Mischel, of counsel.

Shanley & Fisher, P.C., New York City, for defendant Advest, Inc.; Matthew Farley, Robert Brehme, of counsel.

Sage Gray Todd & Sims, New York City, for defendant Thomson-McKinnon Securities, Inc.; John F.X. Peloso, Dorothy E. Hughes, of counsel.

Joel E. Davidson, New York City, for Prudential-Bache Securities, Inc.

Hertzog, Calamari & Gleason, New York City, for Jerome Messana; Loretta A. Preska, of counsel.


OPINION

ROBERT L. CARTER, District Judge.

The four defendants in this securities fraud action present an omnibus of motions to the court in light of the recent Supreme Court decision in Dean Witter Reynolds, Inc. v. Byrd, ___ U.S. ___, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985). In response, plaintiffs have moved to amend their complaint and seek sanctions pursuant to Rule 11, F.R.Civ.P.

Facts

The facts are taken from the amended...

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