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RADIATION DYNAMICS, INC. v. GOLDMUNTZ

No. 138, Docket No. 71-1443.

464 F.2d 876 (1972)

RADIATION DYNAMICS, INC., Plaintiff-Appellant, v. Lawrence GOLDMUNTZ et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Arnold C. Stream, Edward M. Berman, New York City (Netter, Lewy, Dowd, Fox, Ness & Stream, New York City), for appellant.

Ben Herzberg, Julian L. Weber, New York City (Botein, Hays, Sklar & Herzberg, New York City), for Goldmuntz.

P. B. Konrad Knake, Orison S. Marden, Carson Frailey, New York City (White & Case, New York City), for Hollybrook, Hollern, and Brooks.

James F. Kirkham, Donald S. Zinn, San Francisco, Cal., John R. Hupper, New York City (Pillsbury, Madison & Sutro, San Francisco, Cal., Cravath, Swaine & Moore, New York City), for Fisher and the California Group.

Before LUMBARD, WATERMAN and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

This action was commenced in the United States District Court for the Southern District of New York by the appellant, Radiation Dynamics, Inc. (RDI) in May 1968. In its complaint RDI charged that the thirteen defendant-appellees had violated, inter alia, Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10b-5 of the Securities Exchange Commission, 17 C.F.R. § 240.10b-5, when in the summer of 1964...

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