Ochs v. Shearson Lehman Hutton, Inc.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HAIGHT, District Judge:
In this action based upon the Securities Exchange Act of 1934 and the civil RICO statute, various defendants move under Rules 9(b) and 12(b)(6), Fed.R.Civ.P., to dismiss plaintiffs’ second amended complaint.
BACKGROUND
The amended complaint alleges that plaintiffs invested as limited partners in E.F. Hutton Southwest Properties II (the “Partnership” or “Southwest”), a Delaware limited partnership formed, sponsored, promoted and operated by the defendants. Plaintiffs allege at one point in the amended complaint that they made their investments…
2Cases cited24 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
- Aaron v. Securities & Exchange CommissionSupreme Court of the United States · 1980
- Delaware & Hudson Railway Company v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1990
- Fed. Sec. L. Rep. P 98,697 John P. Decker v. Massey-Ferguson, LimitedCourt of Appeals for the Second Circuit · 1982
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- In Re Software Toolworks, Inc. Securities LitigationDistrict Court, N.D. California · 1992
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