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HOWARD v. LEVINE

No. 65 Civ. 2148.

262 F.Supp. 643 (1965)

HOWARD v. LEVINE et al.

United States District Court S. D. New York.

November 24, 1965.

Attorney(s) appearing for the Case

Lawrence Milberg, New York City, for plaintiff.

Battle, Fowler, Stokes & Kheel, New York City, for defendant Walter V. Tyminski.

Mendes & Mount, New York City, for defendants Lybrand, Ross Bros. & Montgomery, a partnership.

Kostelanetz & Ritholz, New York City, for defendant Belock Instrument Corp.

Cahill, Gordon, Reindel & Ohl, New York City, for defendants Stanley R. Grant, Carl M. Loeb, Rhoades & Co., a partnership.

COOPER, District Judge.

These are motions to dismiss a complaint under Rule 12(b) (6), F.R.Civ.P. for failure to state a claim upon which relief can be granted.

The complaint is apparently predicated on Section 10(b) of the Securities Act of 1934, 15 U.S.C. § 78j(b) and Rule 10B-5, 17 C.F.R. 240. 10b-5, the jurisdiction of the Court being invoked under 15 U.S.C. § 78aa.1 In essence, the complaint alleges that Loeb, Rhoades...

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