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EICKHORST v. AMERICAN COMPLETION AND DEVELOPMENT

No. 88 Civ. 3002(RJW).

706 F.Supp. 1087 (1989)

Charmaine S. EICKHORST, et al., Plaintiffs, v. AMERICAN COMPLETION AND DEVELOPMENT CORPORATION, a Delaware corporation; American Completion Program—1983-3; a Texas Limited Partnership; The E.F. Hutton Group, Inc., a Delaware corporation; John P. Holmes; and Howard W. Phillips, Defendants.

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

February 1, 1989.

Attorney(s) appearing for the Case

Beigel & Sandler, New York City, for plaintiffs; Herbert Beigel, Lewis S. Sandler, Bruce Rose, of counsel.

Myerson & Kuhn, New York City, for defendant E.F. Hutton Group, Inc.; Harvey D. Myerson, Lloyd S. Clareman, Neil P. Forrest, Samuel P. Israel, of counsel.

Christy & Viener, New York City, for defendants American Completion and Development Corporation, American Completion Program-1983-3 and Howard W. Phillips; Franklin B. Velie, Janis G. White, Conrad Jordan, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Defendant, the E.F. Hutton Group, Inc. ("Hutton"), has moved to dismiss the complaint against it pursuant to Rules 9(b) and 12(b)(6), Fed.R.Civ.P. Defendants American Completion and Development Corporation, American Completion Program 1983-3 and Howard W. Phillips (the "American Completion Defendants") have also jointly moved to dismiss the complaint on these same grounds...

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