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GILMAN v. BHC SECURITIES, INC.

No. 1616, Docket 95-9290.

104 F.3d 1418 (1997)

Michael G. GILMAN, Plaintiff-Appellant, v. BHC SECURITIES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 17, 1997.

Attorney(s) appearing for the Case

Richard M. Meyer, Milberg Weiss Bershad Hynes & Lerach, L.L.P., New York City, for Plaintiff-Appellant.

Jack C. Auspitz, New York City (Charles L. Kerr, David S. Berg, Morrison & Foerster, L.L.P., of counsel), for Defendant-Appellee.

Before: NEWMAN, Chief Judge, JACOBS, Circuit Judge, and CHATIGNY, District Judge.

JACOBS, Circuit Judge:

This putative class action for breach of contract and breach of fiduciary duty in the sale of securities was commenced by plaintiff Michael G. Gilman in New York State Supreme Court (New York County) and was removed, on the basis of diversity jurisdiction, to the United States District Court for the Southern District of New York by defendant BHC Securities, Inc. ("BHC"). BHC moved in federal court to dismiss the action on the grounds that (1...

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