GUTMAN v. HOWARD SAV. BANK

Civ. A. No. 89-5131 (Formerly Civ. A. No. 90-2397).

748 F.Supp. 254 (1990)

Leo A. GUTMAN and Georgia B. Gutman as Joint Tenants, and Gutman & Gutman, Inc., Plaintiffs, v. HOWARD SAVINGS BANK, Donald F. McCormick, Leo G. Rogers, Andrew V. Aldi and Joseph G. Wojak, Defendants.

United States District Court, D. New Jersey.

As Amended November 27, 1990.


Attorney(s) appearing for the Case

Jared Stamell, Bayonne, N.J. and Joseph J. Tabacco, Jr., Stamell, Tabacco & Schager, New York City, for plaintiffs.

Daniel D. Caldwell, Wolff & Samson, P.A., Roseland, N.J. and Richard H. Klapper, John B. Reid-Dodick, Sullivan & Cromwell, New York City, for defendants.


OPINION

WOLIN, District Judge.

Defendants have moved pursuant to Federal Rule of Civil Procedure 9(b) to dismiss plaintiffs' fraud claim against defendants on the grounds that plaintiffs' averments of fraud are not sufficiently specific. Defendants move in the alternative under Rule 12(e) for a more definite statement of these averments.

Defendants have also moved to dismiss pursuant to Rule 12(b)(6). Defendants argue that plaintiffs' allegations...

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