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WILLIAMS v. STONE

No. 96-1433.

109 F.3d 890 (1997)

Michael WILLIAMS; Marilyn Williams, h/w, sole shareholders in and on behalf of Helened Incorporated, a dissolved Pennsylvania Corporation, Appellants, v. Elliott W. STONE; Harold G. Stone; Richard Abt; John L. Barry; Al Biscardi.

United States Court of Appeals, Third Circuit.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Ralf W. Greenwood, Jr. (argued), Ralf W. Greenwood & Associates, Philadelphia, PA, for Appellants Michael Williams and Marilyn Williams.

C. Joseph Curran, Jr., Attorney General of Maryland, Dale E. Cantone (argued), Office of Attorney General of Maryland, Baltimore, MD, for State of Maryland Amicus Curiae In Support of Appellant.

Benjamin A. Levin (argued), Levin & Hluchan, Voorhees, NJ, for Appellees Elliott W. Stone, Harold G. Stone, Richard Abt, John L. Barry and Al Biscardi.

BEFORE: COWEN, ALITO and ROSENN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Plaintiffs appeal from the April 16, 1996, judgment of the district court granting defendants' motion to dismiss the amended complaint pursuant to FED. R. CIV. P. 12(b)(6). See Williams v. Stone, 923 F.Supp. 689 (E.D.Pa.1996). We will affirm the judgment of the district court, although on different grounds than those relied upon by the district court.

I.

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