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GILDENHORN v. LUM'S INC.

Nos. 70 Civ. 5733, 71 Civ. 1925 and 4218.

335 F.Supp. 329 (1971)

Joseph GILDENHORN, as Guardian for Carol Ann Gildenhorn, Plaintiff, v. LUM'S INC., et al., Defendants. Antone F. GREGORIO, Plaintiff, v. LUM'S INC., et al., Defendants. Jacob SCHEIN and Marvin H. Schein, Plaintiffs, v. Melvin CHASEN et al., Defendants.

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

December 15, 1971.

Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, for plaintiff Joseph Gildenhorn as custodian for Carol Ann Gildenhorn.

Wolf, Popper, Ross, Wolf & Jones, by Howard L. Jacobs, New York City, for plaintiffs Jacob Schein and Marvin Schein.

Lewis W. Schlifkin and Edward A. Berman, Chicago, Ill., for plaintiff Antone Gregorio.

Donovan, Leizure, Newton & Irvine, by James M. Bergen, New York City, for defendants Investors Diversified Services, Inc., IDS New Dimensions Fund, Inc., Investors Variable Payment Fund, Inc., Eugene C. Sit and James R. Jundt.

Royall, Koegel & Wells, by Guy C. Quinlan, New York City, for defendants Lum's Inc. and Melvin E. Chasen.

Simpson, Thacher & Bartlett, by James J. Hagan, New York City, for defendant Lehman Brothers.

White & Case, by David Hartfield, New York City, for defendant Benjamin Simon.

OPINION

TYLER, District Judge.

Defendants in these consolidated actions have moved to dismiss plaintiffs' complaints upon the ground that they fail to state a claim upon which relief can be granted. Rule 12(b) (6) F.R. Civ.P. Alternatively, all defendants move this court to stay these actions pending a final determination in Sanders v. Lum's Inc. et al., 70 Civ. 5331, a related action pending before this court. Additionally, the individual defendants move...

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