ZUCKER EX REL. AIM SMALL CAP GROWTH v. AIM ADVISOR

No. CIV.A.H-03-5653.

371 F.Supp.2d 845 (2005)

Lawrence ZUCKER, on behalf of AIM Small Cap Growth Fund/A, AIM Small Cap Growth Fund/B, AIM Small Cap Growth Fund/C, and AIM Limited Maturity Treasury Fund/A, Plaintiff, v. AIM ADVISORS, INC., Bob R. Baker, James T. Bunch, Gerald J. Lewis, Larry Soll, Frank S. Bayley, Bruce L. Crockett, Albert R. Dowden, Edward K. Dunn, Jr., Jack M. Fields, Carl Frischling, Prema Mathai-Davis, Lewis F. Pennock, Ruth H. Quigley, Louis S. Sklar, Robert H. Graham, and Mark H. Williamson, Defendants, and Aim Investment Securities Fund and Aim Growth Series,

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

January 20, 2005.


Attorney(s) appearing for the Case

Eduard Korsinsky, New York, NY, Jan Marc Zimmerman, Zimmerman, Levi and Korsinsky, Westfield, NJ, and Roger B. Greenberg, Schwartz, Junell et al, Houston, TX, for Plaintiff.

Anthony Zaccaria, Daniel A. Pollack, Edward T. McDermott, Pollack and Kaminsky, New York, NY, Glen M. Boudreaux, Kirklin, Boudreaux et al, Michael Kenan Oldham, Gibbs and Bruns, Jacks C. Nickens, Nickens, Keeton et al, Houston, TX, for Defendants.


MEMORANDUM AND ORDER

WERLEIN, District Judge.

Pending is Defendant's Motion to Dismiss and /or for Summary Judgment (Document No. 34). After carefully considering the motion, response, reply, and the applicable law, the Court concludes as follows:

I. Background

Plaintiff Lawrence Zucker ("Plaintiff"), a shareholder in the AIM Small Cap Growth Fund/A,1 brings this action pursuant to § 36(b...

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