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(DOWNLOAD) "Ruffolo v. Oppenheimer & Co." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free

Ruffolo v. Oppenheimer & Co.

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eBook details

  • Title: Ruffolo v. Oppenheimer & Co.
  • Author : United States Court of Appeals for the Second Circuit
  • Release Date : January 04, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Plaintiff Saverio D. Ruffolo appeals from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, dismissing the complaint against defendants Oppenheimer & Company ("Oppenheimer") and Anthony G. Caserta pursuant to Fed. R. Civ. P. 12(b)(6) on the ground that it failed to state a claim on which relief can be granted, and denying leave to file an amended complaint. The court also dismissed the action against Caserta pursuant to Fed. R. Civ. P. 12(b)(5) on the ground that Ruffolo had failed to effect proper service of the summons and complaint on him. On appeal, Ruffolo, though he does not contend that the complaint alleged claims on which relief can be granted, contends that the district court erred (a) in ruling that service was inadequate and (b) in refusing to allow him to file an amended complaint. Since we see no abuse of discretion in the district courts denial of leave to amend, we affirm the judgment without reaching questions as to the service of process.


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