MOROSS LIMITED PARTNERSHIP v. FLECKENSTEIN CAPITAL, INC.

No. 05-2280, No. 05-2312.

466 F.3d 508 (2006)

MOROSS LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT/CROSS-APPELLEE, v. FLECKENSTEIN CAPITAL, INC., WILLIAM FLECKENSTEIN, and RTM FUND, L.P., DEFENDANTS-APPELLEES/CROSS-APPELLANTS.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2006.


Attorney(s) appearing for the Case

ARGUED: Bradford T. Yaker, BRADFORD T. YAKER, P.C., Bingham Farms, Michigan, for Appellant.

M. William Munno, SEWARD & KISSEL LLP, New York, New York, for Appellees.

ON BRIEF: Bradford T. Yaker, BRADFORD T. YAKER, P.C., Bingham Farms, Michigan, for Appellant.

M. William Munno, SEWARD & KISSEL LLP, New York, New York, John H. Dudley, Jr., BUTZEL LONG, Detroit, Michigan, for Appellees.

Before: CLAY and GILMAN, Circuit Judges; STAFFORD, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case arises from the investment of $750,000 by Moross Limited Partnership into the RTM Fund, L.P, a private investment fund. After the RTM Fund lost 90% of its assets due to an unsuccessful strategy of "short-selling" in the securities market, Moross sued the RTM Fund, its general partner, and its investment manager (collectively, the defendants). Moross's suit alleged...

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