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ADVANCED MULTILEVEL CONCEPTS, INC. v. BUKSTEL

Civil Action No. 11-3718.

919 F.Supp.2d 564 (2013)

ADVANCED MULTILEVEL CONCEPTS, INC., Able Direct Marketing, Inc., Esthetics World, Inc., and International Business Development, Inc., Plaintiffs, v. Edward BUKSTEL, Vitaminspice, Inc., Richard F. Seelig, and Does 1 through 30, inclusive, Defendants. Edward Bukstel and Vitaminspice, Inc., Counter-Plaintiffs, v. Advanced Multilevel Concepts, Inc., Able Direct Marketing, Inc., and Esthetics World, Inc., Counter-Defendants. and Jehu Hand, Third-Party Defendants.

United States District Court, E.D. Pennsylvania.

January 25, 2013.

Attorney(s) appearing for the Case

Peter E. Sheridan , Philadelphia, PA, for Plaintiffs/Counter-Defendants.

Hillard M. Sterling , Meghan E. Tepas , Lewis Brisbois Bisgaard & Smith, Chicago, IL, Michael C. Falk , Reed Smith LLP, Philadelphia, PA, for Defendants.

Jehu Hand, Dana Point, CA, pro se.

MEMORANDUM RE: MOTIONS TO DISMISS DEFENDANTS' AMENDED COUNTERCLAIMS AND THIRD-PARTY CLAIMS

BAYLSON, District Judge.

I. INTRODUCTION

The unique question presented in this securities fraud case is whether a violation of Section 10(b) of the Securities Exchange Act and Rule 10b-5 can be committed by officers of a corporation, not by their misrepresentations to investors in connection with the sale of the corporation's shares, as is usually...

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