Legal Opinion

Schlanger v. Four-Phase Systems Inc.

District Court, S.D. New York

Decided November 10, 1982No. 81 Civ. 7798-CLBPublishedCited by 41 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BRIEANT, District Judge.

By a paper docketed August 6, 1982 in this lawsuit founded on the well familiar provisions of Rule 10b-5, plaintiff has renewed its motion for class action determination dated April 1, 1982, which was, by reason of this Court’s Order dated June 23, 1982, held in abeyance pending the filing of an amended complaint.

At the same time, by motion docketed August 31, 1982, defendants moved for an order dismissing the amended complaint pursuant to Rule 12(b)(6), F.R.Civ.P. for failure to state a claim, or alternatively, pursuant to Rule 12(f), F.R.Civ.P.,…

2Cases cited3 opinions

  1. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  2. Sirota v. Solitron Devices, Inc.Court of Appeals for the Second Circuit · 1982
  3. Wilson v. Comtech Telecommunications Corp.Court of Appeals for the Second Circuit · 1981

3Cited by41 opinions

  1. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  2. Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
  3. Joseph v. WilesCourt of Appeals for the Tenth Circuit · 2000
  4. In Re Vivendi Universal, S.A. Securities LitigationDistrict Court, S.D. New York · 2011
  5. George C. Hibma v. Richard T. Odegaard, James Nikodem, and Michael Paul Szula, and Sawyer County, Wisconsin, InterveningCourt of Appeals for the Seventh Circuit · 1985

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