Attorney(s) appearing for the Case
Louis H. O. Fischman, New York City, for plaintiffs-appellants.
Debevoise, Plimpton & McLean, New York City (Eli Whitney Debevoise and George N. Lindsay, Jr., New York City, of counsel), for defendants-appellees.
Before SWAN, CHASE and FRANK, Circuit Judge.
United States Court of Appeals Second Circuit.
FRANK, Circuit Judge.
As we understand the preferred stockholders' position, they are content to rest their claim on the first cause of action and pursuant to Section 11 of the 1933 Act. They complain merely of that part of the order requiring security as a condition of their repleading to allege facts showing that the statute of limitations had not run. The common stockholders do not complain of the dismissal of the first cause of action as to them, nor do they contend...
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