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GERBER v. COMPUTER ASSOCIATES INTERN., INC.

No. 91 CV 3610 (SJ).

814 F.Supp. 6 (1993)

Joel GERBER, on his own behalf and on behalf of all others similarly situated, Plaintiff, v. COMPUTER ASSOCIATES INTERNATIONAL, INC., LWB Merge, Inc., Charles B. Wang, Anthony Wang, Sanjay Kumar and Jack M. Berdy, Defendants.

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

February 25, 1993.

Attorney(s) appearing for the Case

Jeffrey H. Squire, Kaufman Malchman Kaufman & Kirby, Joshua N. Rubin, Abbey & Ellis, New York City, for plaintiff.

Michael A. McElroy, Shaffield, McElroy, Gracin & Lupu, Islandia, NY, for Computer Associates, defendants.

Steven E. Greenbaum, Berlack, Israels & Liberman, New York City, for defendant Jack M. Berdy.

MEMORANDUM AND ORDER

JOHNSON, District Judge:

This order is intended to clarify the Memorandum and Order issued in the above-referenced matter on January 21, 1993, 812 F.Supp. 361. Defendant Berdy also moved to dismiss Count III of the Complaint pursuant to Fed.R.Civ.P. ("Rule") 9(b) for failure to plead fraud with particularity. To satisfy the requirements of Rule 9(b), the Complaint must specify the content, time,...

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