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ALA, INC. v. CCAIR, INC.

No. 93-5688.

29 F.3d 855 (1994)

ALA, INC., A Maryland Corporation; Larry H. Schatz, an individual residing in, and a citizen of, the State of New York, v. CCAIR, INC., a Delaware Corporation ALA, Inc. and Larry H. Schatz, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 7, 1994.

Attorney(s) appearing for the Case

Thomas J. Bradley (argued), Steven B. Kantrowitz, McBreen, McBreen & Kopko, Philadelphia, PA, for appellants ALA, Inc. and Larry H. Schatz.

Steven J. Fram (argued), Patricia L. Carbone, Archer & Greiner, A Professional Corp., Haddonfield, NJ, for appellee CCAIR, Inc.

Before: BECKER and LEWIS, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal requires us to construe the statute of frauds governing the sale of securities under Article 8 of the Uniform Commercial Code ("U.C.C.") as enacted by New Jersey and North Carolina, the two jurisdictions relevant to this dispute. The question presented is whether the district court, pursuant to Federal Rule of Civil Procedure 12(b)(6), properly dismissed the claim of plaintiff ALA, Inc. ("ALA") that...

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