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GURARY v. WINEHOUSE

Nos. 98-7239(L), 98-7280(XAP).

190 F.3d 37 (1999)

Mordechai GURARY, Plaintiff-Appellant-Cross Appellee, v. Isaac WINEHOUSE and Isaac Winehouse, doing business as Wall & Broad Equities, Defendants-Appellees, and Nu-Tech Bio-Med, Inc., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 24, 1999.

Attorney(s) appearing for the Case

David Jaroslawicz, Jaroslawicz & Jaros, New York City, NY, for Plaintiff-Appellant-Cross Appellee.

Joel Charles Haims, Heller, Horowitz & Foit, P.C., New York City, NY, for Defendants-Appellees.

Martin E. Karlinsky, Camhy, Karlinsky & Stein, New York City, NY, for Defendant-Appellee-Cross-Appellant.

Before: WALKER, Circuit Judge, OAKES, Senior Circuit Judge, and KAPLAN, District Judge.

KAPLAN, District Judge.

Plaintiff appeals from a judgment of the district court (Stanton, J.) to the extent that it dismissed the plaintiff's claims under Section 10(b) of the Securities and Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78j, and Rule 10b-5 thereunder on the merits and his pendent state claims for lack of subject matter jurisdiction. One of the defendants cross-appeals from so much of the judgment as denied so much of its motion as sought...

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