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United States Second Circuit


Capital Management Select Fund Ltd. v. Bennett, 08-6166

In a securities fraud action stemming from a broker's rehypothecation or other use of securities and other property held in customer brokerage accounts, the district court's dismissal of all claims is affirmed, where the plaintiffs failed to make sufficient allegations that their agreements with the broker misled them or that the broker did not intend to comply with those agreements at the time of contracting.

Appellate Information

  • Decided 01/10/2012
  • Published 01/10/2012

Judges

  • Winter

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Scott A. Edelman, Claire P. Gutekunst, Richard A. Rosen

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