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OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS OF G-I HOLDING, INC. v. HEYMAN

No. 01 Civ. 8539 (RWS).

277 B.R. 20 (2002)

OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS OF G-I HOLDING, INC., Plaintiff, v. Samuel J. HEYMAN, Defendant.

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

April 8, 2002.

Attorney(s) appearing for the Case

Caplin & Drysdale, Chartered, Washington, DC, by Trevor W. Swett, Kimberly N. Brown, of counsel, Elihu Inselbuch, Rita C. Tobin, New York City, for Plaintiff.

Simpson Thacher & Bartlett, New York City, by Barry R. Ostrager, Mark Thompson, David J. Woll, of counsel, for Defendant.

OPINION

SWEET, District Judge.

Defendant Samuel J. Heyman ("Heyman") moves pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of the Official Committee of Asbestos Claimants of G-I Holdings (the "Committee") for failure to plead fraud with particularity and failure to state a cause of action.

For the foregoing reasons, that motion is denied.

Parties

The Committee...

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