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SEC. INV. PROTECTION v. STRATTON OAKMONT, INC.

Bankruptcy No. 97-8074A (TLB), Adversary No. 98-8459A.

234 B.R. 293 (1999)

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff, v. STRATTON OAKMONT, INC., Defendant. Harvey R. Miller, Esq., As Trustee For The Liquidation of Stratton Oakmont, Inc., Plaintiff, v. Daniel Porush, Nancy Porush, Jordan Belfort, Nadine Belfort a/k/a Caridi, JRB Group, Inc., RMS Network, Inc., and Maxwell Belfort, Defendants.

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

May 7, 1999.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, L.L.P., New York City, by Steven Alan Reiss, Curt P. Beck, Theodore E. Tsekerides, for Harvey R. Miller, as Trustee for Stratton Oakmont, Inc.

Ormsten & Evangelist, Jericho, New York, by Franklin D. Ormsten, for defendant Maxwell Belfort.

Andrews & Kurth, L.L.P., New York City, by Lynne M. Fischman Uniman, Jennifer L. Sulzberger, Paul N. Silverstein, Laurence E. Wiseman, for defendant Nancy Porush.

Murray & McCann, Rockville Centre, New York, by Joseph D. McCann, William J. Kelleher III, for defendant Nadine Belfort.

Phillips, Lytle, Hitchcock, Blaine & Huber, L.L.P., New York City, by Leon C. Marcus, William M. Rossi-Hawkins, Michael J. DiLeo, for Daniel M. Porush.

Bodian & Eames, L.L.P., New York City, by Robert I. Bodian, Burton S. Weston, Great Neck, New York, by Burton S. Weston, for Jordan Belfort and JRB Group, Inc.

OPINION ON MOTION TO DISMISS

TINA L. BROZMAN, Chief Judge.

The defendants in this adversary proceeding move to dismiss certain of the claims asserted against them for failure to plead fraud with particularity pursuant to Federal Rule of Civil Procedure ("F.R.C.P.") 9(b) and failure to state a claim upon which relief can be granted pursuant to F.R.C.P. 12(b)(6), both made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure...

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