FRANKLIN NATIONAL BANK v. L. B. MEADOWS & CO.

No. 69-C-160.

318 F.Supp. 1339 (1970)

FRANKLIN NATIONAL BANK, Plaintiff, v. L. B. MEADOWS & CO., Inc., Alessandrini & Co., Inc., Wellington Hunter Associates and Philip S. Budin & Co., Inc., Defendants, L. B. MEADOWS & CO., Inc., Third-Party Plaintiff, v. ALESSANDRINI & CO., Inc., Cross-Defendant, and Morton Kantrowitz and Ray I. Weiss, Third-Party Defendants.

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

June 25, 1970.


Attorney(s) appearing for the Case

Bergerman & Hourwich, New York City, for Philip S. Budin; Joseph Calderon, New York City, of counsel.

Kaplan, Kilsheimer & Foley, New York City, for L. B. Meadows & Co. Inc.; Dermot G. Foley, New York City, of counsel.

Robert W. Taylor, New York City, for defendants, cross-defendant and third-party defendant.

Seymour P. Schulman, New York City, for Morton Kantrowitz.

Sahn, Shapiro & Epstein, New York City, for plaintiff; Morris Shapiro, Alan R. Katz, New York City, of counsel.


MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Plaintiff, the Franklin National Bank, seeks damages arising from defendants' alleged violation of § 15(c) (2) of the Securities Act of 1934. 15 U.S.C. § 78o (c) (2). The four defendants, each a broker-dealer involved in over-the-counter transactions, allegedly participated in the creation of a false market for the stock of American Continental Industries, Inc. by submitting fictitious quotations...

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