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LaROE v. ELMS SECURITIES CORP.

No. 87 Civ. 1740 (SWK).

700 F.Supp. 688 (1988)

James K. LaROE, Jr. and LaRoe Construction Company, Inc., Plaintiffs, v. ELMS SECURITIES CORPORATION, Terence Herzog; Stanley Plesent, Jean Pierre Bouquet and William C. Samuels, as Executors of the Estate of Howard Samuels; Bruce Lipnick; Laurence Brown; and Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendants.

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

October 7, 1988.

Attorney(s) appearing for the Case

Biegel & Sandler, New York City by Lewis S. Sandler, Bruce Rose, for plaintiffs.

Scoppetta and Seiff, New York City by Walter A. Kretz, Jr., for defendants Elms Securities Corp. and Laurence Brown.

Burns, Kennedy, Schilling & O'Shea, New York City by Edmund J. Burns, for defendant Terence Herzog.

Squadron, Ellenoff, Plesent and Lehrer, New York City by Lawrence P. Eagel, Abigail Pessen, for defendants Stanley Plesent, Jean Pierre Bouquet and William C. Samuels, as Executors of the Estate of Howard Samuels.

Stiefel and Cohen, New York City by George Stiefel, Scott Klaiman, for defendant Bruce Lipnick.

Brown and Wood, New York City by A. Robert Pietrzak, Catherine A. Curran, for defendant Merrill Lynch, Pierce, Fenner & Smith, Inc.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs bring this securities fraud action pursuant to various federal and state laws: § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b); the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq.; the Texas Deceptive Trade Practices Act, Tex.Bus. and Comm.Code §§ 17.41 et seq., common law fraud, breach of contract...

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