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LADENBURG THALMANN & CO., INC. v. IMAGING DIAGNOSTIC SYSTEMS

No. 01 CIV 2042(VM).

176 F.Supp.2d 199 (2001)

LADENBURG THALMANN & CO. INC., Plaintiff, v. IMAGING DIAGNOSTIC SYSTEMS, INC., Defendant.

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

December 10, 2001.

Attorney(s) appearing for the Case

Jay S. Auslander, Harris Beach, L.L.P., New York City, for plaintiff.

Decision and Order

MARRERO, District Judge.

Plaintiff Ladenburg Thalmann & Co., Inc. (hereinafter "Ladenburg") brought this action, invoking the Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332, against defendant Imaging Diagnostic Systems, Inc. (hereinafter "IDS"). Ladenburg claims fraud and breach of contract. IDS filed the instant motion to (1) dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim...

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