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ROSENFELD v. BLACK

No. 767, Docket 35820.

445 F.2d 1337 (1971)

Judah ROSENFELD, etc., et al., Plaintiffs-Appellants, v. R. R. BLACK et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 22, 1971.

Attorney(s) appearing for the Case

William E. Haudek, New York City (Pomerantz Levy Haudek & Block, New York City, Abraham L. Pomerantz and Mordecai Rosenfeld, New York City of counsel), for plaintiffs-appellants.

Simon H. Rifkind, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, Paul J. Newlon, Mark H. Alcott, New York City, and Bruce S. Kaplan, New York City, of counsel), for defendants-appellees Lazard Freres & Co., Albert J. Hettinger, Jr., and Richard H. Mansfield.

White & Case, New York City (Thomas Kiernan, Morton Moskin, P. B. Konrad Knake, Jr., New York City, of counsel), for defendants-appellees Dun & Bradstreet, Inc., Moody's Investors Service, Inc. and Moody's Advisors & Distributors, Inc.

Sullivan & Cromwell, New York City, for defendant-appellee Alan H. Temple.

Before FRIENDLY, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

FRIENDLY, Chief Judge:

The appeal here is by plaintiffs, stockholders in what was The Lazard Fund, Inc. ("the Fund"), a mutual fund organized in 1958 and registered under the Investment Company Act of 1940 ("the Act"). Their complaints, brought in the District Court for the Southern District of New York, sought, inter alia, and accounting of profits allegedly realized by Lazard Freres ("Lazard"), the organizer and investment adviser of the Fund, when, in 1967...

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