Legal Opinion
Plount v. American Home Assur. Co., Inc.
District Court, S.D. New York
Decided August 7, 1987No. 87 Civ. 2002 (RWS)PublishedCited by 44 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
In this class action fraud case, a civil RICO action has been alleged as a basis of federal jurisdiction, and the defendants have moved pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) for an order dismissing the complaint. For the reasons set forth below, the motion is granted and the complaint dismissed.
Facts
On a motion to dismiss for failure to state a claim upon which relief can be granted, the facts as alleged in the complaint must be taken as true. In essence, plaintiffs Sherry Plount (“Plount”) and Frank Williams (“Williams”) allege that the defendants Jesus…
2Cases cited5 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Beck v. Manufacturers Hanover Trust Co.Court of Appeals for the Second Circuit · 1987
- Somerville v. Major Exploration, Inc.District Court, S.D. New York · 1983
- Terra Resources I v. BurginDistrict Court, S.D. New York · 1987
- Hudson v. LaroucheDistrict Court, S.D. New York · 1983
3Cited by44 opinions
- O'BRIEN v. National Property Analysts PartnersDistrict Court, S.D. New York · 1989
- United States v. Bonanno Organized Crime Family of La Cosa NostraDistrict Court, E.D. New York · 1988
- In Re Sumitomo Copper LitigationDistrict Court, S.D. New York · 1998
- United States v. International Brotherhood of TeamstersDistrict Court, S.D. New York · 1989
- O'BRIEN v. Price WaterhouseDistrict Court, S.D. New York · 1990
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