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SIMON v. WEAVER

No. 03 Civ. 6685(RO).

327 F.Supp.2d 258 (2004)

Frank SIMON and Sol Geldzahler Plaintiffs, v. Charles WEAVER; The regents of the University of Southern California at Berkeley; William Nelson; Digital Mosaic Systems Ltd., (U.K.); Ari Friedman; Electro Optical Systems; Rich Lapierre; Douglas Steinfeld; Frank Werblin, Phd.; Terra OPS; Carl Steinbrenner; Digital Mosaic Systems, (MA); Steven Pike; Argon Electronics; John Doe 1 through 100; and Jane Doe 1 through 100; Defendants.

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

July 23, 2004.

Attorney(s) appearing for the Case

The Furman Law Firm, Alireza Dilmaghani, Antoinette M. Wooten, for Plaintiffs.

Gerber & Samson, LLC, Steven Gerber, Patti Scott, Wayne, NJ, for Defendants.

OPINION AND ORDER

OWEN, District Judge.

Plaintiffs Frank Simon and Sol Geldzahler are New York City businessmen each of whom made unfortunate investments in Electro Optical Systems Corporation ("EOSC"), allegedly under the control of one Charles Weaver. Simon's investment of $80,000 was in 1998 and Geldzahler's $30,000 in 1999. They allege that Weaver, as part of a "scheme to defraud," induced them to make these investments and had no intention of...

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