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KRAUTH v. EXECUTIVE TELECARD, LTD.

No. 95 Civ. 3967 (RWS).

890 F.Supp. 269 (1995)

Walter K. KRAUTH, Jr., William Miller, David E. Legere, Plaintiffs, v. EXECUTIVE TELECARD, LTD., Defendant.

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

As Amended June 26, 1995.

Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, New York City (Michael J. Levin, Peter J. Anderson, of counsel), for plaintiffs.

Ziegler, Ziegler & Altman, New York City (Steven Altman, Kenneth R. Ashford, of counsel), for defendant.

Richard Emery, New York City, for Sp. Committee of Independent Directors of the Bd. of Directors of Executive Telecard, Ltd.

OPINION

SWEET, District Judge.

In this control contest version of the current Bosnian conflict, the Defendant Executive Telecard, Ltd. ("EXTL," "TeleCard" or the "Company") has moved under Rules 12(b)1 and 12(b)6, Fed.R.Civ.P., to dismiss this action on a jurisdictional basis, for lack of a federal question or, in the alternative, for summary judgment under Rule 56, Fed. R.Civ.P. Plaintiffs, Walter K. Krauth, Jr. ("Krauth"), William Miller ("Miller...

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