MUTUAL SHARES CORPORATION v. GENESCO, INC.

No. 405, Docket 31123.

384 F.2d 540 (1967)

MUTUAL SHARES CORPORATION, Spingarn Heine & Co., and Norte & Co., Plaintiffs-Appellants, v. GENESCO, INC., and W. Maxey Jarman, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided August 14, 1967.


Attorney(s) appearing for the Case

William Klein, II, New York City (Julius J. Rosen, New York City, on the brief), for plaintiffs-appellants.

Breck P. McAllister, New York City (Donovan, Leisure, Newton & Irvine, James R. Withrow, Jr., Richard L. Bond, Sanford M. Litvack, New York City, on the brief), for defendants-appellees.

Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Sol., Edward B. Wagner, Sp. Counsel, Martin D. Newman, Atty., Washington, D. C., for Securities and Exchange Commission as amicus curiae.

Before MOORE, SMITH and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

We are again faced here with a claim that alleged misconduct affecting holders of publicly-owned securities violated the Securities Exchange Act of 1934 ("the Act") and Rule 10b-5 issued thereunder by the Securities and Exchange Commission. The complaint of plaintiffs Mutual Shares Corporation ("Mutual"), Spingarn Heine & Co. and Norte & Co., in the District Court for the Southern District...

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