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KACZMAREK v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 98 Civ. 0677 (CLB).

30 F.Supp.2d 626 (1998)

Patricia J. KACZMAREK, et al., Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

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

December 10, 1998.

Attorney(s) appearing for the Case

Gary Weinstein, Weinstein, & Associates, New York City, for plaintiffs.

Daniel Slifkin & Matthew Kaplan, Cravath, Swaine & Moore, New York City, Kenneth B. Wildstein, IBM Corp., White Plains, NY, for defendant.

MEMORANDUM & ORDER

BRIEANT, District Judge.

By motion filed September 1, 1998 and heard on October 16, 1998 and December 10, 1998, defendant IBM moves to dismiss Count III of the complaint for failure to state a claim on the ground that plaintiffs have failed properly to plead "investment injury" as required to state a claim for violation of section 1962(a) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962...

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