Fed. Sec. L. Rep. P 95,323 Frigitemp Corp. v. Financial Dynamics Fund, Inc.

GURFEIN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, dismissing the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Plaintiff Frigitemp Corp. (Frigitemp) is a New York corporation. The four individual plaintiffs, Gerald Lee, Gerald Ross, Henry Gutman and Leon Guttman were stockholders of Frigitemp. Defendants Financial Dynamics Fund, Inc. (FDF), Financial Industrial Fund, Inc. (FIF) and Financial…