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SUPERINTENDENT OF INS. OF STATE OF N. Y. v. BANKERS LIFE & CAS. CO.

No. 63 Civ. 2490.

300 F.Supp. 1083 (1969)

SUPERINTENDENT OF INSURANCE OF the STATE OF NEW YORK, as Liquidator of Manhattan Casualty Company, Plaintiff, v. BANKERS LIFE AND CASUALTY COMPANY, Irving Trust Company, Belgian American Banking Corporation, Belgian American Bank & Trust Company, Garvin, Bantel & Company, New England Note Corporation, George K. Garvin, John F. Sweeny, the Estate of Standish T. Bourne, by Standish T. Bourne, Jr., as Executor, the Estate of James F. Begole, by Patricia C. R. Begole, Executrix, Defendants.

United States District Court S. D. New York.

June 3, 1969.

Attorney(s) appearing for the Case

Arnold Bauman, New York City, for plaintiff.

Jacobs, Persinger & Parker, New York City, for defendant Bankers Life and Casualty Co.; Irving Parker, Isaac M. Bayda, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendants Belgian-American Banking Corp. and Belgian-American Bank & Trust Co.; Michael M. Maney, New York City, of counsel.

OPINION

HERLANDS, District Judge:

The issue for decision is another illustration of the recurring problem whether plaintiff's claim belongs in the state courts or whether plaintiff has stated a cause of action under the federal securities laws — the Securities Act of 1933 (1933 Act), 15 U.S.C. § 77a et seq. (1964) and the Securities Exchange Act of 1934 (1934 Act), 15 U.S.C. § 78a et seq. (1964), and the pertinent rules and regulations of...

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