RABIN v. FIVZAR ASSOCIATES

No. 90 Civ. 4869 (RWS).

801 F.Supp. 1045 (1992)

Sheldon RABIN, on his own and on behalf of all others similarly situated, Plaintiff, v. FIVZAR ASSOCIATES, BPSC Corporation, Integrated Resources Equity Corporation, First Nationwide Bank (c/o FNS Corporate Funding, Inc.), Gaincred II Corp., Gaincred III Corp. and Bach Associates, Inc., Defendants.

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

July 10, 1992.


Attorney(s) appearing for the Case

Beigel & Sandler, Ltd., New York City (Bijan Amini, Elizabeth M. Toll, of counsel), for plaintiff Sheldon Rabin.

Anderson Kill Olick & Oshinsky, P.C., 666 Third Avenue, New York City (Steven M. Pesner, Robert H. Pees, of counsel), for defendant Fivzar Associates.

Rogers & Wells, New York City (Jonathan M. Herman, of counsel), for defendants BPSC Corp., Integrated Resources Equity Corp., Gaincred II Corp. and Gaincred III Corp.

Liddell, Sapp, Zivley, Hill & Laboon, Dallas, Tex. (David Brown, of counsel), for defendant Bach & Associates, Inc.

Donovan Leisure Newton & Irvine, New York City (James L. Stengel, of counsel), for First Nationwide Bank.


OPINION

SWEET, District Judge.

Plaintiff Sheldon Rabin ("Rabin") has moved for an order pursuant to § 476 of the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub.L. No. 102-242, 105 Stat. 2236 (codified at § 27A of the Securities and Exchange Act of 1934, 15 U.S.C. § 78aa-1), reinstating his claims under § 10(b) of the Securities and Exchange Act of 1934 ("§ 10(b)"...

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