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Denny v. Carey

United States District Court for the Eastern District of Pennsylvania

72 F.R.D. 574 (E.D. Pa. 1976)

Relevant factsFree

A class of securities purchasers (plaintiffs) alleged First Pennsylvania Corporation (defendant) made false statements hiding its true financial condition through specific accounting practices, including improperly booking interest on defaulted loans as income and structuring foreclosed-property sales to avoid reporting losses; the defendants moved to dismiss under FRCP 9(b), arguing the particularity standard for pleading fraud was rigorous and unmet.

IssueFree

Whether Rule 9(b) imposes a rigorous burden of pleading on the plaintiff.

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