JACKSON NAT. LIFE INS. v. MERRILL LYNCH & CO.

No. 1555, Docket 93-9287.

32 F.3d 697 (1994)

JACKSON NATIONAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. MERRILL LYNCH & CO., INC., Merrill Lynch Pierce, Fenner & Smith Incorporated, presently doing business as Merrill Lynch & Company, formerly doing business as Merrill Lynch Capital Markets, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 12, 1994.


Attorney(s) appearing for the Case

Raymond A. Levites, New York City (Richard Cashman, Diane Britton, Pavelic & Levites P.C., of counsel), for plaintiff-appellant.

Jack C. Auspitz, New York City (Debra Freeman, Claire Silberman, Morrison & Foerster, of counsel), for defendants-appellees.

Before: PRATT and WALKER, Circuit Judges, and MOTLEY, District Judge.


WALKER, Circuit Judge:

Plaintiff Jackson National Life Insurance Company ("Jackson National") appeals from a judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge), that dismissed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Jackson National's claims under §§ 11 and 12(2) of the Securities Act of 1933 (the "'33 Act"), 15 U.S.C. §§ 77k, 77l(2), as barred by...

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