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SCHOENBAUM v. FIRSTBROOK

No. 160, Docket 31408.

405 F.2d 215 (1968)

David H. SCHOENBAUM, Plaintiff-Appellant, v. Bradshaw D. FIRSTBROOK, et al., Defendants, and Harold W. Manley, Louis Pradal, John C. Rudolph, Donald K. Russell, Aquitaine Company of Canada, Ltd., and Paribas Corporation of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided by a Three-Judge Panel May 29, 1968.

Submitted July 31, 1968.

Decided December 30, 1968.

Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, for appellant.

Whitney North Seymour, Jr., New York City (Simpson, Thacher & Bartlett, and John C. Diller, New York City, on the brief), for appellees Manley, Rudolph and Russell.

Michael M. Maney, New York City (Sullivan & Cromwell, and Marvin Schwartz, New York City, on the brief), for appellees Aquitaine Co. of Canada, Ltd., and Pradal.

David Hartfield, Jr., New York City (White & Case, Thomas A. Butler and Paul J. Bschorr, New York City, on the brief), for appellee Paribas Corp.

Before: LUMBARD, Chief Judge, MEDINA, Senior Circuit Judge, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to the En Banc Court July 31, 1968.

HAYS, Circuit Judge:

After a panel opinion in this case was issued a petition for rehearing en banc was granted. Additional briefs were submitted including an amicus brief by the Securities and Exchange Commission. On consideration by the full court the order of the district court granting summary judgment for the defendants is affirmed as to the defendant Paribas Corporation and reversed as to the other...

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