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S.E.C. v. TOOMEY

No. 92 Civ. 1492 (RJW).

866 F.Supp. 719 (1992)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Robert TOOMEY and William Merrigan, Defendants.

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

August 10, 1992.

Attorney(s) appearing for the Case

Bruce A. Hiler, Herbert F. Janick, III, S.E.C., and Mark J. Kreitman, Paul V. Gerlach, and Thomas F. Shine, Washington, DC, for plaintiff.

Elliot G. Sagor, Squadron, Ellenoff, Plesent & Lehrer, New York City, for defendants.

MEMORANDUM DECISION

ROBERT J. WARD, District Judge.

Plaintiff Securities and Exchange Commission ("the SEC") has moved, pursuant to Rule 12(f), Fed.R.Civ.P., to strike eight of the eleven affirmative defenses asserted by defendant Robert Toomey. For the reasons that follow, plaintiff's motion is granted in part and denied in part.

BACKGROUND

Robert Toomey is a former Vice President of The Great Atlantic and Pacific Tea Company, Inc. ("A...

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