Index Fund, Inc. v. Hagopian
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
This is a motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on behalf of two of the third-party defendants, Frank P. Adams (“Adams”) and Ralph S. Henry (“Henry”), for dismissal of the third-party complaint on the ground that said complaint fails to state a claim upon which relief can be granted.
Essentially, the complaint alleges a broad-based scheme to defraud the plaintiff with respect to the purchase by plaintiff of worthless securities from a newly organized “off-shore” mutual fund composed of several of the individual defendants in…
2Cases cited28 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Flast v. CohenSupreme Court of the United States · 1968
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
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3Cited by40 opinions
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
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- Stratton Group, Ltd. v. SprayregenDistrict Court, S.D. New York · 1979
- Kenneth Leventhal & Co. v. Joyner Wholesale Co.Court of Appeals for the Second Circuit · 1984
- LNC Investments, Inc. v. First Fidelity Bank, National Ass'nDistrict Court, S.D. New York · 1996
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