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DISKIN v. LOMASNEY & CO.

No. 70 Civ. 22.

326 F.Supp. 1073 (1971)

Ben DISKIN, Plaintiff, v. LOMASNEY & CO., a partnership and Myron A. Lomasney, Defendants.

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

May 27, 1971.

Attorney(s) appearing for the Case

Ruben Schwartz, New York City, for plaintiff; by Martin W. Fogel, New York City, of counsel.

Demov, Morris, Levin & Shein, New York City, for defendants; by Irving Bizar, New York City, of counsel.

FINDINGS AND OPINION

POLLACK, District Judge.

Plaintiff sues to rescind a purchase of securities from a broker-dealer claiming that the stock was unregistered and that in violation of the Securities Act of 1933, Section 5, the defendant sent him a written communication through the mails which was an offer to sell the stock or a prospectus within the meaning of the Act that did not satisfy the statutory requirements for a prospectus.

The defendant...

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