CORTEC INDUSTRIES, INC. v. SUM HOLDING L.P.

No. 1456, Docket 91-7099.

949 F.2d 42 (1991)

CORTEC INDUSTRIES, INC. and Cortec Holdings, Inc., Plaintiffs-Appellants, v. SUM HOLDING L.P., Dubin Clark & Company, Inc., Dubin Clark Capital Corp., Ronald N. Dubin, J. Thomas Clark, Jean Pierre Dammann, Norman J. Yerke, Michael Canipe, Woodlawn Foundation, Westinghouse Credit Corporation, Bowles Hollowell Conner & Co., Ernst & Young, Defendants, Westinghouse Credit Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 8, 1991.


Attorney(s) appearing for the Case

Michael H. Barr, New York City (Mark S. Pomerantz, Sonnenschein Nath & Rosenthal, of counsel), for plaintiffs-appellants.

Christopher P. Hall, New York City (Jane A. Rue, Jones, Day, Reavis & Pogue, of counsel), for defendant-appellee.

Before CARDAMONE, WALKER and FRIEDMAN, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal from a dismissal made pursuant to Fed.R.Civ.P. 12(b)(6) in a securities fraud action asks what documents a district court judge may consider when disposing of a motion to dismiss a complaint for failure to state a claim. Here in drafting their complaint plaintiffs relied upon documents transmitted to them by defendants, though they neglected to attach these papers to, or incorporate them by reference in, the complaint. When defendants...

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