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RUBINSTEIN v. SKYTELLER, INC.

No. 98 Civ. 4620(SAS).

48 F.Supp.2d 315 (1999)

Marvin RUBINSTEIN, Sari Rubinstein, Jay Rubinstein, Chie Rubinstein, and Jonathan Rubinstein, Plaintiffs, v. SKYTELLER, INC., Richard Postrel, and Jennifer Postrel, Defendants.

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

March 2, 1999.

Attorney(s) appearing for the Case

David Dunn, Louis A. Craco, Davis Weber & Edwards, P.C., New York City, for Plaintiffs.

Alan Mansfield, Robert J. Kirshenberg, Greenberg Traurig, P.A., New York City, for Defendants.

OPINION & ORDER

SCHEINDLIN, District Judge.

Plaintiffs have brought suit alleging violations of Section 10(b) of the Securities Exchange Act of 1934 ("1934 Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, common law fraud, and breach of fiduciary duty. Defendants have moved to dismiss on the following grounds: (1) that the complaint fails to plead scienter adequately; (2) that the complaint fails...

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