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ENNIS v. MONTEMAYOR

No. 97 Civ. 7594(LBS).

14 F.Supp.2d 379 (1998)

Jerome ENNIS, Fay Ennis, as Trustees of Jerom Ennis, M.D., P.C., Employee Pension Plan, Plaintiffs, v. Cesar MONTEMAYOR, and Ferrill D. Roll, Defendants.

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

July 22, 1998.

Attorney(s) appearing for the Case

Charles L. Mandelstam, J. Cody Fitzsimmons, Dornbush Mensch Mandelstam & Schaeffer, LLP, New York, NY, for Plaintiffs.

M. William Munno, Jacqueline Bryks, Seward & Kissel, New York, NY, for Defendants.

OPINION

SAND, District Judge.

The Plaintiffs, Dr. Jerome Ennis and Fay Ennis, as Trustees of the Jerome Ennis, M.D., P.C., Pension Plan ("Ennis Plan"), brought suit against the Defendants, Cesar Montemayor and Ferrill D. Roll, alleging violations of ERISA and federal securities law, and asserting numerous claims under New York law. Presently before the Court is the Defendants' Motion to Dismiss the Complaint ("Motion") pursuant to Fed. R.Civ.P. 12(b)(6)...

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