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ROBBINS v. BANNER INDUSTRIES, INC.

No. 66 Civ. 2367.

285 F.Supp. 758 (1966)

Hazel ROBBINS, a stockholder of Banner Industries, Inc., etc., Plaintiff, v. BANNER INDUSTRIES, INC., et al., Defendants.

United States District Court S. D. New York.

December 21, 1966.

Attorney(s) appearing for the Case

Stull & Stull, New York City, for plaintiff, Richard J. Stull, New York City, of counsel.

Lowenstein, Pitcher, Hotchkiss & Parr, New York City, for defendant Joseph Friedman, Robert S. Newman, New York City, of counsel.

MEMORANDUM

COOPER, District Judge.

Pursuant to Rule 12(b), F.R.Civ.P., defendant Joseph Friedman moves to dismiss the complaint against him. Motion granted.

Plaintiff alleges representative and derivative claims arising under the Securities Exchange Act of 1934, 15 U.S.C. sec. 78a et seq. and state law. The only pertinent facts alleged in the complaint are: (1) the "defendant directors" issued stock to...

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