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MOVIELAB, INC. v. BERKEY PHOTO, INC.

No. 70 Civ. 3800.

321 F.Supp. 806 (1970)

MOVIELAB, INC., Plaintiff, v. BERKEY PHOTO, INC., Berkey-Pathe, Inc., Berkey-Pathe 45th Street Lab, Inc., Berkey-Pathe Opticals, Inc. and Berkey Photo Service, San Francisco, Inc. (Berkey-Pathe Hollywood Division), Defendants.

United States District Court, S. D. New York.

December 23, 1970.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City, for plaintiff; Herbert M. Wachtell, Peter D. McKenna, and Steven M. Barna, New York City, of counsel.

Parker, Chapin & Flattau, New York City, for defendants; Alvin M. Stein, and Joel M. Wolosky, New York City, of counsel.

MANSFIELD, District Judge.

In this suit by a maker of promissory notes ("Movielab") against the payees ("Berkey") alleging fraud in violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and SEC Rule 10b-5 thereunder, and seeking damages and rescission, defendants Berkey have moved pursuant to Rule 12, F. R.Civ.P., for dismissal of the complaint for lack of jurisdiction, or, in the alternative, for a stay of this action pending...

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