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MARION v. S.D. GOLDFINE & COMPANY

United States District Court, E.D. Pennsylvania


May 27, 2004.

DAVID H. MARION, as Receiver for Bentley Financial Services, Inc.
v.
S.D. GOLDFINE & COMPANY and SANFORD GOLDFINE

The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge

MEMORANDUM AND ORDER

On March 1, 2004, I entered an order granting in part, and denying in part, defendants' motion to dismiss the first amended complaint. Upon further consideration, and for the reasons stated in the Memorandum and Order filed this date in the companion case of David H. Marion v. TDI, Inc., et al., C.A. No. 02-7032, I conclude that plaintiff does indeed have standing to assert the claims in question and that the first amended complaint survives dismissal under Fed.R.Civ.P. 12(b)(6). It is therefore ordered:

1. This court's Order of March 1, 2004, is VACATED.
2. Defendants' motion to dismiss the first amended complaint is DENIED, without prejudice to defendants' right to file a properly supported motion for summary judgment, if warranted by the facts.
20040527

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