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KAUFMAN v. AMTAX PLANNING CORP.

No. 85 Civ. 4520 (WK).

669 F.Supp. 573 (1986)

Bernard KAUFMAN and Sylvia Kaufman, Husband and Wife, and Van Stevens and Geraldine Stevens, Husband and Wife, and Samuel Kisseloff and Muriel Kisseloff, Husband and Wife, Plaintiffs, v. AMTAX PLANNING CORPORATION, Walter Levine and Michael Stoler, Defendants.

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

June 30, 1986.

Attorney(s) appearing for the Case

Sonkin & Fifer, New York City, for plaintiffs.

Parker Chapin Flattau & Klimpl, New York City, for defendant Stoler.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

All defendants move to dismiss the second amended complaint in this action alleging violations of sections 10(b) and 17(a) of the securities laws and common law negligence, fraud, and breach of fiduciary duty. For reasons which follow, we dismiss the federal claims. There being no assertion of diversity jurisdiction, it follows that the pendent state claims must also fall.

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