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KATZ v. AMOS TREAT & CO.

Nos. 458-461, Dockets 32408, 32471, 32481, 32482.

411 F.2d 1046 (1969)

Solomon KATZ, Plaintiff-Appellant-Appellee, v. AMOS TREAT & CO., Amos Treat, Donald Nardone, Earl J. Wofsey, A. Thomas Ewbank and James Earley, Defendants-Appellees-Appellants, and Delka Research Corp. of New Jersey, Delka Research Corp. of Delaware, Eugene M. Walsh, E. Gerard McGovern, David Foxman, George Grabovitz, Anna Miranda, as Executrix of the Estate of Jerry Miranda, Salvatore Miranda, also known as Sam Miranda, Defendants.

United States Court of Appeals Second Circuit.

Denied May 16, 1969.

Attorney(s) appearing for the Case

Louis Haimoff, New York City, (Blum, Haimoff, Gersen & Szabad, New York City; (Harvey J. Fried, New York City, of counsel), for plaintiff-appellant-appellee.

Joseph Spain, New York City, (Royall, Koegel, Rogers & Wells, New York City; William F. Koegel, New York City, of counsel), for defendant-appellee-appellant Donald Nardone.

Myron S. Isaacs, New York City, (Rembar & Zolotar, New York City; Michael Brush, New York City, of counsel), for defendants-appellees-appellants Amos Treat & Co., Inc. and Amos Treat.

John Demcisak, Philadelphia, Pa., (Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa.), for defendant-appellee-appellant A. Thomas Ewbank.

Peter P. Smith, III, New York City, (Shea, Gallop, Climenko & Gould, New York City), for defendant-appellee-appellant James Earley.

Nathan Hirschberg, New York City, (McAloon, Hirschberg & Malang, New York City; Lawrence M. Klein, New York City, of counsel), for defendant-appellee-appellant Earl J. Wofsey.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

This is one of those appeals where the briefs read as if addressed to different cases. According to the plaintiff, defendants engaged in the sale of unregistered stock and in tactics typical of the "boiler room" operations with which this court has had all too much occasion to become familiar. According to the defendants, plaintiff's own showing demonstrated his knowing and eager participation in all that was done. In such cases each side...

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