IN RE J.T. MORAN FINANCIAL CORP.

Bankruptcy Nos. 90 B 20078, 90 B 20086 and 90 B 20087, Adv. No. 90 ADV. 6099.

124 B.R. 924 (1991)

In re J.T. MORAN FINANCIAL CORP., et al., Debtor. J.T. MORAN FINANCIAL CORP., a Delaware Corporation, and Moore & Schley, Cameron & Co., a New York Limited Partnership, Plaintiff, v. JESUP & LAMONT INCORPORATED, a Delaware Corporation, Defendant.

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

January 23, 1991.


Attorney(s) appearing for the Case

Gusrae, Kaplan & Bruno, New York City, for defendant.

Scheffler Karlinsky & Stein, and Nachamie Hendler & Spizz, New York City, for debtors.


DECISION ON MOTION FOR RELIEF PURSUANT TO BANKRUPTCY RULE 7012

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Defendant, Jesup & Lamont, Inc. ("Jesup"), has moved pursuant to Fed.R.Civ.P. Rule 12(b)(6) and Bankruptcy Rule 7012(b) to dismiss the second, third and fourth claims asserted in the above-captioned debtors' adversary proceeding to recover damages allegedly sustained because of Jesup's failure to perform certain provisions contained in an assets purchase...

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