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MORSE v. WEINGARTEN

No. 91 Civ. 3893(MEL).

777 F.Supp. 312 (1991)

Sidney MORSE, Plaintiff, v. Robert WEINGARTEN, American Express Co., Shearson Lehman Brothers, Inc., and Michael R. Milken, Defendants.

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

November 13, 1991.

Attorney(s) appearing for the Case

Wechsler, Skirnick, Harwood, Halebian & Feffer, New York City, for plaintiff (Stuart D. Wechsler and Daniella Quitt, of counsel).

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Michael R. Milken (Colleen McMahon and Beth Friedman Levine, of counsel).

LASKER, District Judge.

Defendant Michael Milken moves under Rules 12(b) and 9(b), Fed.R.Civ.P., to dismiss all claims against him in this securities fraud class action suit, and under Rule 12(f) to strike portions of the complaint.1

For the reasons discussed below, the motion to dismiss and the motion to strike are granted.

I.

Plaintiffs are shareholders who bought stock in the now-bankrupt First Capital Holdings...

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