Court of Appeals for the Second Circuit June 20, 1989, 807, Docket 88-6272 (Matthew Madonna v. United States)

LUMBARD, Circuit Judge:

Matthew Madonna appeals from a judgment of the District Court for the Southern District, Carter, J., entered November 15, 1988, granting the government’s Fed.R.Civ. P. 12(c) motion to dismiss Madonna’s complaint for failure to state a claim upon which relief can be granted and for failure to plead fraud with particularity, Fed.R. Civ.P. 9(b).