Epstein Secrets

should be acted upon; and (5) that the plaintiff acted ("8] upon it to his damage."' Financial Trust Co., 268 F. Supp.2d at 575 (quoting Shapiro v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992)). The defendants base their argument that plaintiffs have failed to state a claim upon which relief can be grant

Thomas, U.S.V.I., For the plaintiffs. Gregory H. Hodges, Esq., Dudley, Topper and Feuerzeig, LLP, St. Thomas, U.S.V.I For the defendants. JUDGES: Thomas K. Moore, District Judge. OPINION BY: Thomas K. Moore OPINION ['**436] [*33O] MEMORANDUM OPINION Moore, J. Defendants have moved to dismiss the second am

the person to whom it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff acted upon it to his damage." Shapiro v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992). Although the rule does not require a recitation of EFTA01726537 Financial Trust Co., Inc. v. Citibank, N.A. C

6507 • t Financial Trust Co. Inc. v. Citibank Civ. No. 2002-108 Order Page 2 ENTERED this 30th day of December, 2004. FOR THE COURT: /s/ Thomas K. Moore District Judge ATTEST: WILFREDO F. MORALES Clerk of the Court By: /s/ Deputy Clerk Copies to: Hon. Geoffrey W. Barnard Gregory H. Hodges, E

it should be acted upon; and (5) that the plaintiff acted upon it to his damage.'" Financial Trust Co., 268 F. Supp.2d at 575 (quoting Shapirio v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992)). The defendants base their argument that plaintiffs have failed to state a claim upon which relief can be grant

inancial Trust Co. Inc. I. Citibank Civ. No. 2002-108 Memorandum Opinion Page 11 ENTERED this 30th day of December, 2004. FOR THE COURT: /s/ Thomas K. Moore District Judge ATTEST: WILFREDO F. MORALES Clerk of the Court By: /s/ Deputy Clerk Copies to: Hon. Geoffrey W. Barnard Gregory H. Hodges, E