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ROSS v. LICHT

No. 62 Civ. 1428.

263 F.Supp. 395 (1967)

Bernice Frank ROSS and Lawrence H. Frank, Plaintiffs, v. Charles S. LICHT, Samuel Bernstein, Michael J. Coviello, Leonard Bluestone, Edward Grapel, William V. Licht, National Hospital Supply Co., Inc., Henry Licht, Seymour M. Friedman and Sidney E. Licht, Defendants.

United States District Court S. D. New York.

February 6, 1967.

Attorney(s) appearing for the Case

Jackson, Nash, Brophy, Barringer & Brooks, New York City, for plaintiffs, Sherman J. Saxl, New York City, of counsel.

Irwin L. Germaise, Millard & Greene, New York City, for defendants, Myron J. Greene, New York City, of counsel.

WYATT, District Judge.

This is an action for damages under the Securities Exchange Act of 1934 (15 U.S.C. § 78a and following; the "1934 Act"). Jurisdiction is conferred on this Court by 15 U.S.C. § 78aa. It is conceded by all parties that there was a use of the mails in connection with the transaction in suit (Pretrial order, p. 2).

There is one cause of action in the complaint based on a sale by plaintiffs to defendants in 1961 of 62½ shares...

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