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IN RE A.R. BARON & CO., INC.

Bankruptcy No. 96-8831A(PCB)SIPA. Adversary No. 01-02569.

280 B.R. 794 (2002)

In re A.R. BARON & CO., INC., Debtor. James W. Giddens, as Trustee for the Liquidation of the Business of A.R. Baron & Co., Inc. and as assignee of claims of certain former customers of A.R. Baron & Co., Inc., Plaintiff, v. D.H. Blair & Co., Inc., D.H. Blair Investment Banking Corp., Joseph Morton Davidowitz, Rosalind Davidowitz, Kenton E. Wood, Ruki Renov, Kalman Renov, Esther Stahler, Alan Stahler, Rivki Rosenwald, Lindsey Rosenwald, Laya Perlysky, Dov Perlysky, Kinder Investments L.P., Venturetek L.P., Alfred Palagonia, Vito Caportoto and Michael Siciliano, Defendants.

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

July 24, 2002.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed, LLP, by James B. Kobak, Jr., Derek J.T. Adler, New York City, for James W. Giddens, Trustee for the Liquidation of the Business of A.R. Baron & Co., Inc.

Nixon Peabody, LLP, by Frank Penski, Stacey B. Slater, New York City, for Kenton Wood and Vito Capotorto.

Proskauer Rose, LLP, by John H. Gross, New York City, for D.H. Blair & Co., Inc., et al.

MEMORANDUM DECISION GRANTING DEFENDANTS' MOTION TO DISMISS THE AMENDE COMPLAINT

PRUDENCE CARTER BEATTY, Bankruptcy Judge.

This adversary proceeding was commenced by a complaint filed on April 9, 2001 by James W. Giddens as trustee (the "Trustee") for the liquidation of the business of A.R. Baron & Co., Inc. ("A.R. Baron"). The amended complaint alleges that (1) monies transferred from A.R. Baron to each of the defendants, and the proceeds of such...

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