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WEBER v. BARTLE

No. 66-Civ. 1252.

272 F.Supp. 201 (1967)

Illa WEBER, Plaintiff, v. H. Roe BARTLE, Morris Natelson, Irving Cohen, Charles F. Phillips et al., and Cantor, Fitzgerald & Co., Inc., B. Gerald Cantor, and Bond Stores, Incorporated, Defendants.

United States District Court S. D. New York.

Application to Amend Denied March 30, 1967.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiff; William E. Haudek, New York City, of counsel.

Parker, Chapin & Flattau, New York City, for defendants Cohen, Good, Moselowitz, Sanger & Schechtman; Alvin M. Stein, New York City, of counsel.

Goldfeld, Charak & Goldman, New York City, for defendants Cantor, Fitzgerald & Co., and B. Gerald Cantor.

Simpson, Thacher & Bartlett, New York City, for Morris Natelson and Charles B. Peterson, Jr.

Laurence L. Shapiro, New York City, for defendant Bond Stores, Inc.

MEMORANDUM

CROAKE, District Judge.

The plaintiff has brought a shareholder's derivative suit on behalf of Bond Stores, Inc. (Hereafter "Bond.") Jurisdiction is said to exist by reason of Section 27 of the Securities Exchange Act, 15 U.S.C. § 78aa.

Defendants have moved (a) for an order dismissing the complaint on the ground that jurisdiction over the subject matter is lacking or, alternatively, on the ground that the complaint fails to state...

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