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S.E.C. v. MILITANO

No. 89 Civ. 0572 (JFK).

773 F.Supp. 589 (1991)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Vincent MILITANO, Milton Sonneberg, John J. Cranley, Jr., Thomas Core, Robert Sayegh, John Kolb and Carl Verone, Defendants.

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

August 7, 1991.

Attorney(s) appearing for the Case

Edwin H. Nordlinger, Deputy Adm'r, Div. of Enforcement, S.E.C. (Robert B. Blackburn, Carmen J. Lawrence, Daniel R. Schnipper, Ann C. Myers, Bohdan S. Ozaruk, of counsel), New York City, for plaintiff.

Jonathan Kord Lagemann, New York City, for defendant John Kolb.

OPINION AND ORDER

KEENAN, District Judge:

Defendant John Kolb seeks an Order dismissing the First Amended Complaint (the "Complaint") of plaintiff Securities and Exchange Commission (the "Commission" or the "SEC") on the ground that it fails to state a claim against Kolb upon which relief can be granted and it fails to allege fraud against Kolb with particularity. Fed.R.Civ.P. 12(b)(6) and 9(b). Oral argument

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