Guarantee Insurance Agency Co. v. Mid-Continental Realty Corp.

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter is before the Court on motions of certain defendants to dismiss for failure to state a claim (Rule 12, Fed.R.Civ.P.) and for summary judgment (Rule 56, Fed.R.Civ.P.). The motions are granted in part and denied in part. However, leave is granted to plaintiff to amend its complaint, as discussed below.

Also before the Court is plaintiff’s motion to have this action proceed with it representing other purchasers in two plaintiff classes and with Kidder, Peabody & Co. representing thirty-seven other underwriters (Rule 23, Fed.R.Civ. *559P.)…