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WANETICK v. MEL'S OF MODESTO, INC.

No. C-92-1531 SAW.

811 F.Supp. 1402 (1992)

Lawrence WANETICK, Plaintiff, v. MEL'S OF MODESTO, INC., a California Corporation, David Melvin Weiss, Michael Weiss, Lawrence M. Spergel, M.D., Allan Bear, Gregory Dolinajec, Sally Weiss, Rafael Investment Trust, Montgomery Transfer, Jeffrey M. Weiss, Mark S. Weissman, Weiss & Weissman, Inc., a California corporation; Fred Watson, Morey Dungott; Michael Gianelli; Andrew H. Wilson, Defendants.

United States District Court, N.D. California.

December 15, 1992.

Attorney(s) appearing for the Case

Carroll, Burdick & McDonough, Elizabeth Leavy, San Francisco, CA, for plaintiff.

Curtis D. Colaw, Modesto, CA, Shauna T. Rajkowski, Wilson, Ryan & Campilongo, Edward F. Donohue, Long & Levit, San Francisco, CA, for defendants.

MEMORANDUM AND ORDER

WEIGEL, District Judge.

Summary of Decision

Plaintiff has sued Defendants for securities fraud in conjunction with his investment in Original Mel's Inc., a restaurant franchisor, and Mel's of Modesto, a partnership which franchises an Original Mel's restaurant in Modesto, California. Defendants Gregory Dolinajec, Jeffrey Weiss, Mark Weissman, and Weiss & Weissman, Inc. move to dismiss the complaint for failure to...

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