With no explanation, chose the best option from "A", "B", "C" or "D". person liability as to each of the alleged control persons. IV. CONCLUSION For the reasons discussed above, defendants’ motions to dismiss are denied. The Clerk of the Court is directed to close these motions [nos. 22 and 25 on the docket sheet]. A conference is scheduled for July 31, 2008, at 3:30 p.m. SO ORDERED. 1 . The facts summarized in this section are drawn from the Complaint ("CompL”) and are presumed to be true for the purpose of these motions. 2 . See CompL ¶ 16. 3 . See id. ¶ 21. 4 . See id. 117. 5 . See id. 6 . See id. ¶ 11. 7 . See id. ¶ 6. 8 . See id. ¶ 13. 9 . See id. ¶ 15. 10 . See id. 11 . See id. ¶ 29. 12 . See id. 13 . See id. ¶ 43. 14 . See id. ¶ 44. 15 . See id. ¶ 45. 16 . id. ¶ 46. 17 . See id. ¶ 47. 18 . See id. 19 . See id. ¶ 51. 20 d 930, 939 (2d Cir.1984) (<HOLDING>). 95 . Teamsters Local 445 Freight Div. Pension

A: holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the  instrument
B: holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities
C: holding that a pledge is a sale and purchase of a security under  10b
D: holding that the wording of  10b making fraud in connection with purchase or sale of security a violation of the act is surely badly strained when construed to provide a cause of action not to purchasers or sellers of securities but to the world at large
C.