O'Connor v. Gca Corporation

GURFEIN, District Judge.

This is a motion to dismiss the complaint on the dual grounds that this Court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. F.R.Civ.P. Rules 12(b) (1) and (6). Alternatively, defendant moves for summary judgment pursuant to Rule 56 on the ground that there are no triable issues of fact.

From the motion papers the facts can be briefly stated. The plaintiff held 200 shares of common stock of the Markite Corporation (Markite). The defendant, in contemplation of a merger with Markite and after acquiring…