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AFP IMAGING CORP. v. ROSS

Cal. No. 175, Docket 85-7494.

780 F.2d 202 (1985)

AFP IMAGING CORPORATION, Plaintiff-Appellant, v. Alexander ROSS, James L. Melcher, Ivan Bloch, Vincent Giovinco, Bruce Male, Frederick M. Myers, John C. Fitch, and Lewis W. Siegel, Individually and as representative of all others similarly situated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 23, 1985.

Attorney(s) appearing for the Case

Stuart A. Summit, New York City (Burns Summit Rovins & Feldesman, New York City, of counsel), for plaintiff-appellant.

Leo Kayser, III, New York City (Raggio, Jaffe & Kayser, New York City, of counsel), for defendants-appellees.

Anthony E. Davis, New York City (Kaplan Russin Vecci Kirkwood, New York City, of counsel), for defendant-appellee Alexander Ross.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

AFP Imaging Corporation appeals from a summary judgment of the United States District Court for the Southern District of New York (Brieant, J.). The judgment dismissed Count I of AFP's partial-defendant class action complaint, which alleges violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 of the Securities & Exchange Commission's Rules, 17 C.F.R. § 240.10b-5, and directed...

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