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FISCHER v. KLETZ

No. 65 Civ. 787.

266 F.Supp. 180 (1967)

Stephen FISCHER et al., Plaintiffs, v. Michael KLETZ et al., Defendants (and fifteen other actions consolidated therewith).

United States District Court S. D. New York.

April 5, 1967.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs.

Kaufman, Taylor, Kimmel & Miller, New York City, for plaintiffs.

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

Securities and Exchange Commission, Washington, D. C., amicus curiae.

OPINION

TYLER, District Judge.

In October, 1966, plaintiffs in this class action1 moved against defendant Peat, Marwick, Mitchell & Co. ("PMM") for further discovery under Rule 34, F.R. Civ.P., based in part upon the allegations set forth in paragraphs 25 through 25.3 of the second consolidated amended complaint (hereinafter "the complaint"). PMM opposed this motion, and, in addition, cross-moved against the plaintiffs, pursuant...

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