LINCOLN NAT. LIFE v. DONALDSON, LUFKIN & JENRETTE

No. 1:97-CV-429.

9 F.Supp.2d 994 (1998)

THE LINCOLN NATIONAL LIFE INSURANCE COMPANY and Lincoln Investment Management, Inc., on behalf of Lincoln National Income Fund, Plaintiffs, v. DONALDSON, LUFKIN & JENRETTE SECURITIES CORPORATION, Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

May 20, 1998.


Attorney(s) appearing for the Case

Mark A. Garvin, Barnes and Thornburg, Fort Wayne, IN, Robert P. Johnstone, Howard E. Kochell, Anne N. DePrez, Barnes and Thornburg, Indianapolis, IN, for Plaintiffs.

James H. Ham, III, Robert K. Stanley, Baker and Daniels, Indianapolis, IN, Douglas D. Powers, Baker and Daniels, Fort Wayne, IN, Thomas P. Ogden, Eric F. Grossman, Davis Polk & Wardell, New York City, for Defendants.


MEMORANDUM OF DECISION AND ORDER

WILLIAM C. LEE, Chief Judge.

This matter is before the court for resolution of a Motion to Dismiss filed by the Defendant, Donaldson, Lufkin & Jenrette Securities Corporation ("DLJ") on January 23, 1998.1 Plaintiffs The Lincoln National Life Insurance Company and Lincoln Investment Management, Inc., ("Lincoln Life" and "Lincoln Investment" or "Plaintiffs") filed a

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