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BURDICK v. AMERICAN EXP. CO.

No. 87 Civ. 3199 (EW).

677 F.Supp. 228 (1988)

D. Lawrence BURDICK, Plaintiff, v. AMERICAN EXPRESS COMPANY, Defendant.

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

January 25, 1988.

Attorney(s) appearing for the Case

Liddle & O'Connor, New York City, for plaintiff; Andrew S. O'Connor, Paul T. Shoemaker, of counsel.

Wilkie Farr & Gallagher, New York City, for defendant; Gerald Kerner, Grant Haskell, Brett F. Summers, of counsel.

OPINION

BRIEANT, Chief Judge.

Plaintiff was formerly a Vice President of Shearson Lehman Brothers, Inc., a wholly owned subsidiary of the defendant American Express Company. Plaintiff brings this action under RICO, 18 U.S.C. § 1964(c). The predicate acts alleged are mail and securities fraud based on the alleged mishandling of dividends, interest, and commissions. Defendant moves to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and...

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