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LEVINE v. SEILON, INC.

No. 379, Docket 35226.

439 F.2d 328 (1971)

Florence K. LEVINE, as Executrix of the Last Will and Testament of Irving Levine, Deceased, Plaintiff-Appellant, v. SEILON, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1971.

Attorney(s) appearing for the Case

Stanley Nemser, New York City (Mortimer A. Shapiro, Nemerov & Shapiro, and Nemser & Nemser, New York City, of counsel), for plaintiff-appellant.

William S. Greenawalt, New York City (James B. Weidner, Royall, Koegel & Wells, New York City, of counsel), for defendant-appellee.

Theodore Sonde, Asst. Gen. Counsel, S.E.C. (Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Associate Gen. Counsel, S.E.C., Washington, D. C., of counsel), for Securities and Exchange Commission as amicus curiae.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal from an order of the District Court for the Southern District of New York, dismissing a stockholder's complaint against a corporation for failure to state a claim upon which relief can be granted, F.R.Civ.P. 12(b) (6), presents a novel contention which again demonstrates the astonishing inventiveness of counsel in invoking the SEC's Rule 10b-5 issued pursuant to § 10(b) of the Securities Exchange Act, and a related claim for...

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