AUSTRIAN v. WILLIAMS

Civ. 32-149.

80 F.Supp. 437 (1948)

AUSTRIAN et al. v. WILLIAMS et al.

United States District Court S. D. New York.

July 8, 1948.


Attorney(s) appearing for the Case

Austrian & Lance, of New York City (Carl J. Austrian, Saul J. Lance, George H. Schwartz and Isadore H. Cohen, all of New York City of counsel), for plaintiffs.

Milton Pollack and Sullivan & Cromwell, all of New York City (Milton Pollack, of New York City, of counsel), for defendants Harrison Williams and others.

Sullivan & Cromwell, of New York City (Edward H. Green, William Piel, Jr., and E. H. Sykes, all of New York City, of counsel), for defendants Henry S. Bowers and others.

LeBoeuf & Lamb, of New York City (Horace R. Lamb and Craigh Leonard, both of New York City, of counsel), for defendants James F. Fogarty and another.

Hawkins, Delafield & Wood, of New York City (Barent L. Visscher, of New York City, of counsel), for defendants John B. Niven and others.

Roger S. Foster, Sol., and Aaron Levy, both of Washington, D. C., for Securities and Exchange Commission as amicus curiae.


COXE, District Judge.

These are motions by the defendants, pursuant to Rules 12(b) (6) and 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A., for an order dismissing the amended complaint and granting summary judgment in their favor on the ground of failure to state facts on which relief may be granted and because all of the claims asserted in the complaint are barred by the applicable New York Statute of Limitations.

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