No. 76, Docket 28986.

340 F.2d 457 (1965)

Albert A. LIST, Plaintiff-Appellant, v. FASHION PARK, INC., et al., Defendants, Louis C. Lerner, individually and as doing business under the firm name and style of Lerner & Company, and as a Director of Fashion Park, Inc., et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 4, 1965.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, New York City (Arthur F. Driscoll, Edward C. Raftery, Milton Rosenblum, New York City, of counsel), for plaintiff-appellant.

Leonard I. Schreiber, New York City, for defendant-appellee Louis C. Lerner.

Baer, Marks, Friedman & Berliner, New York City (William E. Friedman, New York City, of counsel), for defendants-appellees H. Hentz & Co. and William P. Green.

Before SWAN, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff brought suit in the United States District Court for the Southern District of New York, seeking damages of $160,293 from numerous individual, partnership, and corporate defendants. The suit was based upon alleged violations of Section 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b),1 and Rule 10b-5, promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. § 240.10b...

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