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WELLINGTON COMPUTER GRAPHICS, INC. v. MODELL

No. 70 Civ. 219.

315 F.Supp. 24 (1970)

WELLINGTON COMPUTER GRAPHICS, INC., Plaintiff, v. Milton MODELL, Stanley Modell, Eugene Modell, Milton Siegel and Philip Cohen, Defendants.

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

June 30, 1970.

Attorney(s) appearing for the Case

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for plaintiff; Edward N. Costikyan, and Stephen Gillers, New York City, of counsel.

Herzfeld & Rubin, New York City, and Crummy & O'Neill, Newark, N. J., for defendants; Herbert Rubin, New York City, and Peter J. Carton, Newark, N. J., of counsel.

OPINION

MacMAHON, District Judge.

Defendants move for a stay of this action or, in the alternative, to transfer this action to the United States District Court for the District of New Jersey, pursuant to 28 U.S.C. § 1404(a).

The action is based on defendants' alleged violations of Section 10(b) of the Securities Exchange Act of 1934, Rule 10b-5 of the Securities and Exchange Commission, and Section 12(2) of the Securities Act of 1933.

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