MEMORANDUM OPINION AND ORDER
HAIGHT, District Judge:
In this commercial action where the parties' citizenship is not diverse, the Court's subject matter jurisdiction depends upon whether plaintiff owns an interest in what may be characterized as a "security" under the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(10). Contending that plaintiff does not, defendants move to dismiss the amended complaint under Rule 12(b)(1), Fed.R.Civ.P., for lack...
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