AZALEA MEATS, INC. v. MUSCAT

No. 64-578-Civ.

246 F.Supp. 780 (1965)

AZALEA MEATS, INC., a South Carolina corporation, Plaintiff, v. Victor MUSCAT, Robert L. Huffines, and Edward Krock, Defendants.

United States District Court S. D. Florida.

November 4, 1965.


Attorney(s) appearing for the Case

Hugo L. Black, Jr., of Kelly, Paige, Black & Black, Miami, Fla., for plaintiff.

Stanley Bartel, of Guilmartin & Bartel, Miami, Fla., for defendant Victor Muscat.

William B. Killian, of Scott, McCarthy, Preston & Steel, Miami, Fla., for defendant Robert L. Huffines.

Earl D. Waldin, Jr., of Smathers & Thompson, Miami, Fla., for defendant Edward Krock.


DYER, Chief Judge.

By motions for summary judgment, the defendants, Muscat, Huffines and Krock, assert that the plaintiff's cause of action brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b) and Rule 10b-5 thereunder, is barred by the statutes of limitation or by laches.

The thrust of the complaint is that there were material omissions and misleading and untrue statements allegedly made to the plaintiff, then known...

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