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ESI MONTGOMERY COUNTY v. MONTENAY INTERN. CORP.

No. 94 Civ. 0119 (RLC).

899 F.Supp. 1061 (1995)

ESI MONTGOMERY COUNTY, INC., Plaintiff, v. MONTENAY INTERNATIONAL CORP., Montenay Montgomery Trust and Montenay Energy Resources of Montgomery County, Inc., Defendants.

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

June 14, 1995.

Attorney(s) appearing for the Case

Dewey Ballantine, New York City (John M. Friedman, Jr., of counsel), for Plaintiff.

McDermott, Will & Emery, Washington, DC (Michael E. Friedlander, of counsel), for Defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff moves pursuant to Rule 15, F.R.Civ.P. and Rule 3 of the Local Rules for leave to file a second amended complaint to amend its cause of action based on § 12(2) of the Securities Act of 1933 ("the 1933 act"), 15 U.S.C. § 77l (1988), and to add causes of action based on § 10(b) of the Securities Exchange Act of 1934 ("the 1934 act"), 15 U.S.C. § 78j (1988); on Rule 10b-5,...

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