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BORDEN, INC. v. SPOOR BEHRINS CAMPBELL & YOUNG, INC.

No. 89 Civ. 8645 (WCC).

778 F.Supp. 695 (1991)

BORDEN, INC., Alfred S. Cummin, A.S. D'Amato, Ann Forrestal and W. Donald Nyland as Executors of the Estate of Frank V. Forrestal, deceased, Robert Gutheil, Jon Hettinger, David Kelly, Walter Kocher, Augustine Marusi, Ruth Marusi, Allan Miller, Bernard Nemtzow, Herman Peed, Edward I. Piernick, Joseph Saggese, Eugene Sullivan and Gloria Sullivan, Plaintiffs, v. SPOOR BEHRINS CAMPBELL & YOUNG, INC.; First Interstate Bank, Ltd.; First Interstate Services, Inc.; Kenneth R. Behrins, T. Richard Spoor, Robert L. Campbell and Michael D. Young, Defendants.

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

November 15, 1991.

Attorney(s) appearing for the Case

Bressler, Amery & Rothenberg, New York City (Bernard Bressler, Sara Yang Bosco, of counsel), for plaintiffs.

Sullivan & Cromwell, New York City (Philip L. Graham, Jr., John B. Reid-Dodick, Lisa J. Laplace, of counsel), for defendants.

OPINION AND ORDER

CONNER, District Judge.

Plaintiff investors charge defendants with fraud in connection with the sale of securities. This action is currently before the Court on the motion of defendants First Interstate Bank, Ltd. and First Interstate Services, Inc. ("First Interstate") for summary judgment pursuant to Rule 56(b) Fed.R.Civ.P. as to the claims brought against them by plaintiff Augustine R. Marusi, the retired Chief Executive Officer of plaintiff...

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