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JUNGER v. HERTZ, NEUMARK & WARNER

No. 128, Docket 33701.

426 F.2d 805 (1970)

Simon JUNGER, Plaintiff-Appellant, v. HERTZ, NEUMARK & WARNER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 6, 1970.

Attorney(s) appearing for the Case

Simon Junger, pro se.

Mortimer Goodman, New York City (Grandefeld & Goodman, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.

PER CURIAM.

Junger brought this action under the securities laws, seeking to recover $5,000 he lost because Hertz, Neumark & Warner, a member firm of the New York Stock Exchange, allegedly violated section 7(c) of the Securities Act of 1934, 15 U.S.C. § 78g(c) (1964) by its participation in certain transactions which occurred in 1965 and 1966. Section 7(c) provides that

It shall be unlawful for any * * * broker * * * directly or indirectly, to extend...

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