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BANCO DE DESARROLLO AGROPECUARIO, S.A. v. GIBBS

No. 86 Civ. 8547 (PKL).

704 F.Supp. 515 (1989)

BANCO DE DESARROLLO AGROPECUARIO, S.A., Plaintiff, v. Robert V. GIBBS; The First Venezuelan Company, Ltd.; The Bank of International Credit, Ltd.; Devinco of Florida, Inc.; Alfredo Beracasa; and International Capital & Development Corp., Defendants.

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

January 26, 1989.

Attorney(s) appearing for the Case

Davis, Markel & Edwards, New York City (George F. Hritz, William F. Haigney, of counsel), Sheldon Evans, P.A., Miami, Fla., for plaintiff.

Steel Hector & Davis, Miami, Fla. (Gerald J. Houlihan, Cheryl A. Bell, of counsel), Stern, Fixler & Weiner, New York City (Joel S. Stern, of counsel), for "Gibbs" defendants.

OPINION & ORDER

LEISURE, District Judge:

This matter is before the Court on defendants'1 motion to dismiss plaintiff's second amended complaint for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b). On July 18, 1988, this Court rendered a decision on defendants' motion to dismiss the second amended complaint. In that opinion, the Court reserved judgment on whether to dismiss...

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