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RINALDI v. JAMES J. DUANE & CO., INC.

No. 85 Civ. 5142 (GLG).

691 F.Supp. 807 (1988)

Anthony RINALDI, as Executor of the Estate of Loretta H. McCormack and Sylvia Rinaldi, Plaintiffs, v. JAMES J. DUANE & CO., INC., Philip DeFina, and James J. Duane, Jr., Defendants, and Joseph Rinaldi, Additional Defendant on Counterclaim.

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

August 17, 1988.

Attorney(s) appearing for the Case

Greenberger & Forman, New York City (Robert W. Forman, of counsel), for plaintiff Sylvia Rinaldi.

Cooper & Bamundo, Brooklyn, N.Y., for Anthony Rinaldi, as Executor of the Estate of Loretta McCormack.

Joseph S. Williams, New York City (John F. Duane, of counsel), for defendants James J. Duane & Co. and James J. Duane, Jr.

Irving P. Seidman, P.C., New York City (Lawrence H. Silverman, of counsel), for defendant Philip DeFina.

OPINION

GOETTEL, District Judge.

Plaintiffs allege defendants violated sections 10(b) and 20 of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, 15 U.S.C. §§ 78j(b), 78t, 17 C.F.R. § 240.10b-5, the RICO Act, 18 U.S.C. § 1962(c), as well as state laws of fraud, negligence and fiduciary duty. Specifically, plaintiffs allege defendants made material misrepresentations and omissions in connection with the purchase...

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