FISCHER v. KLETZ


249 F.Supp. 539 (1966)

Stephen FISCHER et al., Plaintiffs, v. Michael KLETZ et al., Defendants (and fifteen other actions consolidated therewith). Valentine and Norton BLOCH et al., Plaintiffs, v. Kenneth B. KEATING et al., Defendants.

United States District Court S. D. New York.

January 13, 1966.


Attorney(s) appearing for the Case

Lynton, Klein, Opton & Saslow, New York City, for defendant Michael Kletz.

Turk, Marsh, Kelly & Hoare and Zelby & Burstein, New York City, for defendants Benjamin Eskow, Gerald W. Eskow and Burton Eskow.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant Peat, Marwick Mitchell & Co.

Pomerantz, Levy, Haudek & Block, Irving Bizar, and Weinstein & Levinson, Kaufman, Taylor, Kimmel & Miller, New York City, for plaintiffs.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants Eastman Dillon, Union Securities & Co., Hornblower & Weeks-Hemphill Noyes and D. Frederick Barton.


TYLER, District Judge.

Certain defendants in these consolidated representative actions move to dismiss the amended complaints pursuant to Rule 12(b), F.R.Civ.P. or, in the alternative, to stay these actions pending reference for resolution of certain factual issues to the Interstate Commerce Commission ("ICC"). For reasons to be indicated hereinafter, these several motions are denied in their entirety.

Plaintiffs are or were owners of shares of capital stock...

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