SUPERINTENDENT OF INS. OF STATE OF N. Y. v. BANKERS L. & C. CO.

No. 631, Docket 33869.

430 F.2d 355 (1970)

SUPERINTENDENT OF INSURANCE OF the STATE OF NEW YORK, as Liquidator of Manhattan Casualty Company, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Irving Trust Company, Belgian American Banking Corporation, Belgian American Bank & Trust Company, Garvin, Bantel & Company, George K. Garvin, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 22, 1970.


Attorney(s) appearing for the Case

Arnold Bauman, New York City (Eric Kaufman, David Wallenstein, New York City, on the brief), for plaintiff-appellant.

Irving Parker, of Jacobs, Persinger & Parker, New York City, for Bankers Life & Cas. Co. (Isaac M. Bayda, New York City, of counsel).

Winthrop, Stimson, Putnam & Roberts, New York City, for Irving Trust Co. William W. Karatz, New York City (John B. Daniels, William C. F. Kurz, New York City, of counsel).

Sullivan & Cromwell, New York City, for Belgian-American Banking Corp. and Belgian-American Bank & Trust Co. William E. Willis, New York City (Michael M. Maney, New York City, of counsel).

Robert M. Haft, Poletti, Freidin, Prashker, Feldman & Gartner, New York City, for George K. Garvin.

Basch & Seits, New York City, for Garvin, Bantel & Co. Kevin Seits, New York City (Sheldon Basch, New York City, of counsel).

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and BLUMENFELD, District Judge.


BLUMENFELD, District Judge:

Appellant Superintendent of Insurance of the State of New York, as Liquidator of Manhattan Casualty Company (Manhattan), commenced this action in 1963 alleging violations by ten defendants of § 17(a) of the Securities Act of 1933. On September 10, 1968, defendants Bankers Life and Casualty Company (Bankers Life), Belgian American Bank & Trust Company (Belgian Trust), and Belgian American Banking Corporation (Belgian Banking) moved...

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