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HAFNER v. FOREST LABORATORIES, INC.

No. 410, Docket 29444.

345 F.2d 167 (1965)

Theodore HAFNER, Plaintiff-Appellant, v. FOREST LABORATORIES, INC., Hans Lowey and Bonded Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 5, 1965.

Attorney(s) appearing for the Case

Arnold R. Rosenwasser and Harry Price, New York City, on the brief, for plaintiff-appellant, Dean, Fairbank & Hirsch, Arthur B. Colvin, New York City, of counsel.

Edward L. Sadowsky, New York City (Bernard H. Goldstein, Tenzer, Greenblatt, Fallon & Kaplan, New York City), for defendants-appellees.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

Theodore Hafner appeals from a judgment on the pleadings in favor of the defendant, Forest Laboratories, Inc., in an action brought in the Southern District of New York. Hafner's complaint purports to state a cause of action for rescission and damages under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b),1 and the question presented is whether...

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