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COGAN v. JOHNSTON

162 F.Supp. 907 (1958)

David H. COGAN, suing individually, and as a common stockholder of Allied International Investing Corporation, Plaintiff, v. Frank B. JOHNSTON, Harry F. Tate, Samuel M. Kanarick, John R. Maher, Henry G. Hotchkiss, Ralph R. Everett, and Allied International Investing Corporation, Defendants.

United States District Court S. D. New York.

June 18, 1958.

Attorney(s) appearing for the Case

Randolph J. Seifert, New York City, for plaintiff.

Lowenstein, Pitcher, Spence, Hotchkiss, Amann & Parr, New York City, for defendants Allied International and Johnston, Kanarick and Hotchkiss.

EDELSTEIN, District Judge.

The plaintiff, suing individually and as a common stockholder of Allied International Investing Corporation (Allied), has brought an action under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 to 80a-52, 15 U.S.C.A. §§ 80a-1 to 80a-52. The corporate defendant and four of the individual defendants who are officers and directors of Allied, have moved to dismiss under Rule 12(b) of the Federal Rules of Civil Procedure...

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