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Civil Procedure Keyed to Cound
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Denny v. Carey
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Plaintiff brought a class action on behalf of purchasers of securities against Defendant First Penn. The complaint alleged that Defendant improperly included certain sources of funds as “income,” avoided showing losses by conducting improper foreclosures, not accounting for uncollectibles in real estate loans and concealing the default of loans. Defendant moved to dismiss alleging that the allegations of fraud in the complaint do not comply with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure.
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