SUNDIAL INTERN. FUND LTD. v. DELTA CONSULTANTS, INC.

Nos. 94 Civ. 118 (TPG), 95 Civ. 3773 (TPG) and 95 Civ. 3774 (TPG).

923 F.Supp. 38 (1996)

SUNDIAL INTERNATIONAL FUND LIMITED, Jan Christian Sundt, Thominvest Oy, Mega Pacific International, Ltd., Zen Ltd., David J. Sharpe, Peter Anson, Crescent Holdings Ltd., John C. Dilworth, Clas Gotze, Guest Supplies Ltd., Guilden International Ltd., Helion Investments Ltd., Sentinel Investment Corp., Michael L. Smith, Gordon Tarapasky, Michael J.E. Thornhill and Wright Family Discretionary Trust, Plaintiffs, v. DELTA CONSULTANTS, INC. (a New Jersey corporation), Nopkine Co. Ltd. (a limited company of the British Virgin Islands), William C. Dunn, William D. Dunn, Paul F. Lengemann, Ivan Sands, Credit Lyonnais, Bank Julius Baer Ltd., Societe Generale, Chase Manhattan Bank, N.A., Various John Does, Jane Does and ABC Companies, Defendants. MUSASHI LIMITED, Plaintiff, v. DELTA CONSULTANTS, INC. (a New Jersey corporation), Nopkine Co. Ltd. (a limited company of the British Virgin Islands), William C. Dunn, William D. Dunn, Paul F. Lengemann, Ivan Sands, Credit Lyonnais, Bank Julius Baer Ltd., Various John Does, Jane Does and ABC Companies, Defendants. MABLYN INVESTMENTS LIMITED, Plaintiff, v. DELTA CONSULTANTS, INC. (a New Jersey corporation), Nopkine Co. Ltd. (a limited company of the British Virgin Islands), William C. Dunn, William D. Dunn, Paul F. Lengemann, Ivan Sands, Credit Lyonnais, Bank Julius Baer Ltd., Various John Does, Jane Does and ABC Companies, Defendants.

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

April 22, 1996.


Attorney(s) appearing for the Case

Bernard Persky, Goodkind Labaton Rudoff Sucharow LLP, New York City, for Plaintiff.

Danforth Newcomb, Shearman & Sterling, New York City, for Bank Julius Baer.

John M. Quitmeyer, Rogers & Wells, New York City, for Credit Lyonnais.


OPINION

GRIESA, Chief Judge.

Plaintiffs in these three actions are nineteen individuals and investment funds that claim to have lost more than $40 million as a result of their investments with William Dunn, Sr. and various entities that Dunn controlled (the "Dunn defendants"). The allegations pertinent to the present motions are the same in all three actions. Plaintiffs allege that the Dunn defendants and several banks with which Dunn did business...

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