McCowan v. Sears, Roebuck and Co.

ROBERT L. CARTER, District Judge.

Defendants Dean Witter Reynolds, Inc. (“Dean Witter”) and Sears, Roebuck & Co. (“Sears”) bring a motion to dismiss or, in the alternative, to stay all claims asserted against them by plaintiffs Horace D. McCowan, Jr. and Sarah E. McCowan (together, the “plaintiffs”). The plaintiffs charge the defendants with violation of the Virginia Securities Act. This court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 (1976).

I

This is the court’s third disposition in this litigation and familiarity with prior opinions is assumed. We briefly review the history of…