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SAPERSTONE v. KAPELOW

No. 67 Civ. 3262.

279 F.Supp. 781 (1968)

David SAPERSTONE and Morris Tenenbaum, Plaintiffs, v. Paul KAPELOW et al., Defendants.

United States District Court S. D. New York.

January 31, 1968.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; Richard M. Meyer and Steven R. Rand, New York City, of counsel.

Royall, Koegel, Rogers & Wells, New York City, for defendants S. Mort Zimmerman, Philip Leserman and Frank C. Anderson; William R. Glendon, New York City, of counsel.

Meer, Chandler & Carlton, Dallas, Tex., for defendant Intercontinental Industries, Inc.; Delson & Gordon, New York City, Norman Moloshok, New York City, of counsel.

John W. M. Rutenberg, New York City, for defendant Paul Kapelow.

Lloyd I. Isler, New York City, for defendant American Hydocarbon Corporation.

METZNER, District Judge.

This is a motion by defendants for transfer of venue to the Northern District of Texas under 28 U.S.C. § 1404(a).

Plaintiffs sue derivatively on behalf of American Hydrocarbon Corporation (American) and also on behalf of the class of shareholders of American similarly situated. Both actions are grounded upon an alleged violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, SEC Rule 10b-5, and fiduciary...

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