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IN RE THOMSON McKINNON SECURITIES INC.

Bankruptcy Nos. 90 B 10914, 90 B 11805 and 91 B 13280, Adv. No. 92-5281A.

147 B.R. 330 (1992)

In re THOMSON McKINNON SECURITIES INC., Thomas McKinnon Inc. and Realty International Corporation, Debtors. THOMSON McKINNON SECURITIES INC., Plaintiff, v. The BANK OF NEW YORK, Defendant.

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

November 6, 1992.

Attorney(s) appearing for the Case

Debevoise & Plimpton, New York City, for plaintiff.

Michael D. Povman, New York City, for defendant Bank of New York.

DECISION ON MOTION TO DISMISS COUNT I OF COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Bank of New York ("BNY") has moved for an order dismissing Count I of the complaint filed by the Chapter 11 debtor, Thomson McKinnon Securities, Inc. ("TMSI") for failure to state a claim upon which relief can be granted and for failure to plead fraud with particularity. Additionally, BNY seeks sanctions under Federal Rule of Bankruptcy Procedure 9011. Although...

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