FINANCIAL INDUS. FUND, INC. v. McDONNELL DOUGLAS CORP.

No. C-1257.

315 F.Supp. 42 (1970)

FINANCIAL INDUSTRIAL FUND, INC., a Maryland corporation, Plaintiff, v. McDONNELL DOUGLAS CORPORATION, a Maryland corporation, and Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation, Defendants, and McDONNELL DOUGLAS CORPORATION, Third-Party Plaintiff, v. INVESTORS MANAGEMENT COMPANY, Inc., and Anchor Corporation, Third-Party Defendants.

United States District Court, D. Colorado.

August 13, 1970.


Attorney(s) appearing for the Case

Modesitt & Shaw, by Leland E. Modesitt and Richard H. Shaw, Denver, Colo., for plaintiff; Holland & Hart, by James L. White, John F. Kelly and Edwin S. Kahn, Denver, Colo., for defendant McDonnell Douglas Corporation.

Holme, Roberts & Owen, by Peter H. Holme, Jr., Denver, Colo., and Brown, Wood, Fuller, Caldwell & Ivey, by James B. May and Roger J. Hawke, New York City, for defendant Merrill Lynch, Pierce, Fenner & Smith, Inc.

Winner, Berge, Martin & Clark, by James A. Clark and Warren O. Martin, Denver, Colo., for third-party defendants.


MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

Plaintiff, a mutual fund, has instituted the present action seeking damages for alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (b), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. The claim is that damage resulted from first, defendants' unlawful manipulation of the price of McDonnell...

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