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BERNE STREET ENTERPRISES v. AMERICAN EXPORT ISBRANDTSEN CO.

No. 67 Civ. 4411.

289 F.Supp. 195 (1968)

BERNE STREET ENTERPRISES, INC., Plaintiff, v. AMERICAN EXPORT ISBRANDTSEN COMPANY, Inc., Isbrandtsen Company, Inc., Jakob Isbrandtsen, Albert E. Rising, Jr., Peter L. Keane, Matthew S. Crinkley, John M. Will and the New York Stock Exchange, Defendants.

United States District Court S. D. New York.

August 12, 1968.

Attorney(s) appearing for the Case

Saul S. Goldman, New York City, for plaintiff; Lewis Weinstock, William B. Freilich, LaBrum & Doak, Philadelphia, Pa., of counsel.

Lord, Day & Lord, New York City, for defendants; Leonard S. Leaman, Edwin R. Alley, New York City, of counsel.

OPINION

HERLANDS, District Judge:

All defendants except Matthew S. Crinkley and The New York Stock Exchange have moved, pursuant to Rules 9(b), 12(b) and 56 of the Federal Rules of Civil Procedure, for an order dismissing the complaint for failure to state a claim upon which relief can be granted or, in the alternative, for summary judgment. Defendants have presented to the Court "matters outside the pleadings" in support of their motion. Accordingly, the...

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