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IN RE STERLING FOSTER & CO., INC. SECURITIES LIT.

No. 99 CV 2789(ADS)(MLO), MDL Docket No. 1208 (ADS)(MLO).

222 F.Supp.2d 312 (2002)

In re STERLING FOSTER & CO., INC. SECURITIES LITIGATION. Robert Levitt for himself and as custodian for Richard Levitt and Monica Levitt, Robert Rice, Stephen G. Siben, Stephen Stobehn, Stanley Veltkamp, Philip C. Vitanza for himself and Elizabeth Vitanza and Luke Vitanza, John T. White, Guy V. Wood, Carl Zander, Jr., and Ted M. and Kathryn N. Jones, as Trustees, Plaintiffs, v. Bear Stearns & Co., Inc., and Bear Stearns Securities Corp., Defendants.

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

June 27, 2002.

Attorney(s) appearing for the Case

Morley and Trager, Leslie Trager, Esq. Of Counsel, New York, NY, for the Plaintiffs.

Arnold & Porter, Peter L. Zimroth, Esq., Kerry A. Dziubek, Esq., of Counsel, New York, NY, Stephen M. Sacks, Esq., Scott B. Schreiber, Esq., James L. Cooper, Esq., of Counsel, Washington, DC, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On February 16, 1999, the plaintiffs filed a complaint alleging that Bear Stearns & Co., Inc. and Bear Stearns Securities Corp. ("BSSC"), (collectively, "Bear Stearns" or the "defendants") violated Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. §§ 78j(b), 78t(a), by participating in a scheme with Sterling Foster & Co., Inc...

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