FIRST INTERREGIONAL EQUITY CORP. v. HAUGHTON

No. 91 Civ. 0143 (RWS).

805 F.Supp. 196 (1992)

FIRST INTERREGIONAL EQUITY CORPORATION, a New Jersey corporation, Plaintiff, v. Gabriel F. HAUGHTON, an individual, Gerard Cahill, an individual, Victor Lombardi, an individual, Stanley Schwartz, an individual, Merlin Baines & Co., Inc., a Delaware Corporation, OTRA Clearing, Inc., a wholly-owned subsidiary of OTRA Securities Group, Inc., a Delaware Corporation, John Whiteside, an individual, Hassan Growney Co., formerly doing business as Castleton-Rhodes, Inc., a New York Corporation, Gateway Bank, a connecticut Corporation, Raymond T. Bogert, an individual, Jules Lipow, an individual, and Warren Schreiber, an individual, Defendants.

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

October 28, 1992.


Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, New York City (Robert D. Popper, Eileen M. Clavere, of counsel), for plaintiff.

Shamberg Marwell Cherneff Hockerman & Davis, P.C., Mt. Kisco, N.Y. (P. Daniel Hollis, III, Geraldine N. Tortorella, of counsel), for defendant Gateway Bank.


OPINION

SWEET, District Judge.

Defendant Gateway Bank ("Gateway") has moved to dismiss the counts against it in the Third Amended Complaint of First Interregional Equity Corporation ("First Interregional") for lack of subject-matter jurisdiction and failure to state a claim pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure. For the reasons set forth below, Gateway's motion is denied.

Parties

First Interregional...

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