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ZIMMERMAN v. PRIME MEDICAL SERVICES, INC.

No. 89 Civ. 1467 (RPP).

729 F.Supp. 23 (1990)

Walter ZIMMERMAN, Marvin Jablonsky and Peter J. Rabinowitz, Plaintiffs, v. PRIME MEDICAL SERVICES, INC., Dean L. Sloane, Salvatore Alternative, Morris Landis, Patrick Magee, Stanley Eiser, Brian Reach, John O'Leary, Steven Ladenheim, and Peat, Marwick, Main & Co., Defendants.

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

January 22, 1990.

Attorney(s) appearing for the Case

Wechsler Skirnick Harwood Halebian & Feffer, Robert I. Harwood, New York City, for plaintiffs.

Milberg Weiss Bershad Specthrie & Lerach, Steven G. Schulman, New York City, for defendant Prime Medical Services, Inc.

Cahill Gordon & Reindel, George Wailand, New York City, for defendant Peat Marwick Main & Co.

Leader & Berkon, James K. Leader, New York City, for defendant Dean L. Sloane.

McGuire & Tiernan, Arthur V. Nealon, New York City, for defendant Salvatore Alternative.

Olwine, Connelly, Chase, O'Donnell & Weyher, James Tolan, New York City, for defendant Brian Reach.

Greenfield Eisenberg Stein & Senior, Norman A. Senior, New York City, for defendants Stanley Eiser and John O'Leary.

Rosenman & Colin, Howard Wilson, New York City, for defendant Morris Landis.

Parcher, Arisohn & Hayes, Mark S. Arisohn, New York City, for defendant Patrick Magee.

Bass & Ullman, Jacob Laufer, New York City, for defendant Steven Ladenheim.

OPINION

ROBERT P. PATTERSON, Jr., District Judge.

Defendants' motions to dismiss, pursuant to Rule 9(b), 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, are denied.

The complaint contains allegations that material misstatements of the value of accounts receivables, net property, equipment, and investments in affiliates were contained in the financial statements which were part of the Form 10Q and 10K filings

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