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JOSEPH v. FARNSWORTH RADIO & TELEVISION CORP.

No. 252, Docket 22310.

198 F.2d 883 (1952)

JOSEPH v. FARNSWORTH RADIO & TELEVISION CORP. et al.

United States Court of Appeals Second Circuit.

Decided June 30, 1952.

Attorney(s) appearing for the Case

Barney Rosenstein and Leo Praeger, New York City, for appellants; Bernard S. Kanton, New York City, of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for appellees; S. Hazard Gillespie, Jr., and Francis W. Phillips, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Gilmour; Samuel J. Silverman, New York City, of counsel.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and FRANK. Circuit Judges.

PER CURIAM.

The order is affirmed on the opinion below, D.C., 99 F.Supp. 701, and the subsequent decision in Birnbaum v. Newport Steel Corp., 2 Cir., 193 F.2d 461 wherein we concluded "that Rule X-10B-5 extended protection only to the defrauded purchaser or seller", 193 F.2d page 464.

FRANK, Circuit Judge (dissenting).1

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