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ZAHORIK v. SMITH BARNEY, HARRIS UPHAM & CO., INC.

No. 86 C 3638.

664 F.Supp. 309 (1987)

Edward K. ZAHORIK, Plaintiff, v. SMITH BARNEY, HARRIS UPHAM & CO., INC., Defendant.

United States District Court, N.D. Illinois, E.D.

January 14, 1987.

Attorney(s) appearing for the Case

Anthony S. DiVincenzo, Campbell & DiVincenzo, Chicago, Ill., for plaintiff.

David F. Graham, Kathleen L. Roach, Sidley & Austin, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Edward Zahorik charges Smith Barney, Harris Upham & Co., Inc. ("Smith Barney") in a four-count complaint with securities fraud, and Smith Barney now moves under Fed.R.Civ.P. 12(b)(6) to dismiss two of those counts for failure to state a claim.1 For the following reasons, Smith Barney's motion is denied in part and granted in part.

I. FACTUAL ALLEGATIONS

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