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S.E.C. v. DCI TELECOMMUNICATIONS, INC.

No. 00 Civ. 4664 (RWS).

122 F.Supp.2d 495 (2000)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. DCI TELECOMMUNICATIONS, INC., Joseph J. Murphy, and Russell B. Hintz, Defendants. and Grace P. Murphy, Relief Defendant.

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

December 5, 2000.

Attorney(s) appearing for the Case

Securities and Exchange Commission, Washington, DC, Debra Patalkis, Reid A. Muoio, William R. Baker, III, Lawrence A. West, Russell G. Ryan, of counsel, for Plaintiff.

Greenberg Traurig, New York City, Robert A. Horowitz, of counsel, for Defendants.

OPINION

SWEET, District Judge.

Defendants DCI Telecommunications, Inc. ("DCI"), Joseph J. Murphy ("Murphy"), Russell B. Hintz ("Hintz"), and relief defendant Grace P. Murphy (collectively "Defendants") have moved to dismiss the First, Second, and Sixth Claims of the complaint in their entirety and the Fifth and Seventh Claims in part, pursuant to Rule 12(b)(6), Fed.R.Civ.P. For the reasons set forth below, the motion is denied.

The Parties...

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