c30:No. 9698

O’CONNELL, Circuit Judge
(concurring in part, dissenting in part).
Agreeing that, upon a motion to dismiss, the averments of the complaint must be taken to be admitted, I concur with the conclusions reached by the majority with respect to defendant Stengel. As to the other defendants, I am in accord with the statement of the lower court: “The plaintiffs may have a cause of action under the Act, but they have failed to properly assert it.” I would affirm the district court as to these defendants.

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