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BRITT v. CYRIL BATH COMPANY

No. 19130.

417 F.2d 433 (1969)

Raymond E. BRITT, Plaintiff-Appellant, v. The CYRIL BATH COMPANY, Cyril J. Bath, Georgiana Bath, George P. Bickford, John Leonard, Robert A. MacKenzie, Elizabeth Bath MacKenzie, Rudolph Hlad, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

October 13, 1969.

Attorney(s) appearing for the Case

Myron N. Krotinger, Cleveland, Ohio, for appellant; Alan Arnold, Lane, Krotinger, Santora, Stone & Purdy, Cleveland, Ohio, on brief.

Thomas V. Koykka, Cleveland, Ohio, for appellees; Walter A. Bates, Arter & Hadden, Cleveland, Ohio, on brief.

Joseph W. Bishop, Jr., New Haven, Conn., on brief as amicus curiae.

Before PECK, McCREE and COMBS, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This appeal brings before us for the first time the issue of the sufficiency of a complaint in a private action seeking injunctive relief against alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (1964), and Rule 10b-5 of the General Rules and Regulations under the Securities Exchange Act of 1934, 17 C.F.R. § 240.10b-5 (1964).1 Plaintiff's amended complaint...

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