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RUCKLE v. ROTO AMERICAN CORPORATION

No. 275, Docket 29320.

339 F.2d 24 (1964)

George A. RUCKLE and Ruckle Sales, Inc., individually and on behalf of all stockholders of Roto American Corporation, Plaintiffs-Appellants, v. ROTO AMERICAN CORPORATION, Frank L. Walton and Anthony J. Caputo, Defendants-Appellees, and J. Henry Brezinski, Richard H. Schnoor, Alfred Gans and John Calasibetta, Defendants.

United States Court of Appeals Second Circuit.

Decided December 4, 1964.

Attorney(s) appearing for the Case

Paul Windels, Jr., New York City, (Windels, Merritt & Ingraham, New York City, on the brief), for plaintiffs-appellants.

Milton S. Gould, New York City (Shea, Gallop, Climenko & Gould, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

MEDINA, Circuit Judge.

The complaint in this action for injunctive relief to prevent alleged violations of the provisions of the Securities Exchange Act of 1934, the details of which will appear shortly, was dismissed by Judge Cooper, who also rejected as moot an application for a temporary restraining order. Plaintiffs served a notice of appeal on November 17, 1964 and the matter first came before us on a motion for injunctive relief pending the disposition of the...

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