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U.S. v. KAY

No. Crim.A. H-01-914.

200 F.Supp.2d 681 (2002)

UNITED STATES of America v. David KAY and Douglas Murphy.

United States District Court, S.D. Texas, Houston Division.

April 18, 2002.

Attorney(s) appearing for the Case

Philip Urofsky, U.S. Dept. of Justice, Criminal Div., Fraud Section, Washington, DC, for U.S.

Robert C. Bennett, Jr., Bennett & Secrest, Houston, TX, Reid H. Weingarten, Attorney at Law, Washington, DC, Brian M. Heberlig, Steptoe & Johnson, Washington, DC, for David Kay.

Robert Sussman, Hinton, Sussman, Bailey & Davidson, Houston, TX, for Douglas Murphy.

ORDER

HITTNER, District Judge.

Pending before the Court is Defendant David Kay's Motion to Dismiss Counts 1-12 for Failure to State an Offense Under 15 U.S.C. §§ 78dd-1(a), 78dd-2(a).1 Having considered the motion, submissions, and applicable law, as well as the parties' arguments at a hearing conducted on April 4, 2002, the Court determines that the motion should...

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