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IN RE MERRILL LYNCH LTD. PARTNERSHIPS LITIGATION

Docket No. 97-9205.

154 F.3d 56 (1998)

In re: MERRILL LYNCH LIMITED PARTNERSHIPS LITIGATION. Louis LANZA; Stephen Guido and Victoria Scala, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. MERRILL LYNCH & COMPANY, INC.; Merrill Lynch Pierce Fenner & Smith Incorporated and John Does 1 through 20, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Arthur R. Miller, Harvard Law School, Cambridge, MA (Melvyn I. Weiss, Michael C. Spencer, Salvatore J. Graziano, Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY, Kevin P. Roddy, Los Angeles, CA, Nicholas E. Chimicles, M. Katherine Meermans, Chimicles Jacobsen & Tikellis, Haverford, PA, of counsel), for Plaintiffs-Appellants.

Robert F. Serio, New York, NY (Wesley G. Howell, Jr., Peter J. Beshar, Gibson, Dunn & Crutcher LLP, New York, NY, Edward J. Yodowitz, Ira Brad Matetsky, Skadden, Arps, Slate, Meagher & Flom, New York, NY, of counsel), for Defendants-Appellees.

Before: FEINBERG, PARKER and PHILLIPS, Circuit Judges.

PER CURIAM:

I. BACKGROUND

A. Facts

Investors in a series of Merrill Lynch real estate limited partnerships ("investors") appeal from a judgment of the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge), entered August 26, 1997, dismissing pursuant to Rule 12(b)(6) their civil Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961-68, claims on statute of limitations...

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