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FRIEDMAN v. WHEAT FIRST SECURITIES INC.

No. 98 Civ. 8709 (RJW).

64 F.Supp.2d 338 (1999)

Philip FRIEDMAN and Carl Defreitas, Plaintiffs, v. WHEAT FIRST SECURITIES INC., Defendant.

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

September 14, 1999.

Attorney(s) appearing for the Case

Joel M. Leifer & Associates, New York City, Joel M. Leifer, of counsel, for Plaintiffs.

Bressler, Amery & Ross, P.C., New York City, Lawrence D. Ross, of counsel, for Defendant.

OPINION

WARD, District Judge.

Defendant Wheat First Securities, Inc. ("Wheat First") has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint filed by plaintiffs Philip Friedman ("Friedman") and Carl DeFreitas ("DeFreitas") or alternatively, stay the action pending the completion of arbitration proceedings. For the reasons hereinafter stated, Wheat First's motion to dismiss the complaint is granted.1

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