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MAHER v. J. R. WILLISTON & BEANE, INC.

No. 66 Civ. 3672.

280 F.Supp. 133 (1967)

Frank J. MAHER, Plaintiff, v. J. R. WILLISTON & BEANE, INC., et al., Defendants.

United States District Court S. D. New York.

August 3, 1967.

Attorney(s) appearing for the Case

Davis J. Stolzar, Richard Ives Rudell, New York City, for plaintiff.

Shea, Gallop, Climenko & Gould, New York City, for defendants; Leon P. Gold, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for defendant John H. Welch; H. William Van Wagenen, Jr., New York City, of counsel.

MEMORANDUM OPINION ON MOTION TO DISMISS

MOTLEY, District Judge.

Defendants moved for an order, Rule 12(b), Fed.R.Civ.P., dismissing the original complaint for failure to state a claim upon which relief could be granted and for lack of jurisdiction over the subject matter. The original complaint, filed November 2, 1966, contained three causes of action. The first count was brought under Section 15(c) of the Securities Exchange Act of 1934, ("the Act"), 15...

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