HUBERMAN v. DENNY'S RESTAURANTS, INC.

No. C-71-1507.

337 F.Supp. 1249 (1972)

Jane D. HUBERMAN, Plaintiff, v. DENNY'S RESTAURANTS, INC., a corporation, et al., Defendants.

United States District Court, N. D. California.

January 17, 1972.


Attorney(s) appearing for the Case

Farella, Braun & Martel, San Francisco, Cal., for plaintiff.

Denny's Restaurants, Inc. and Harold Butler Enterprises #431, Gibson, Dunn & Crutcher, John L. Endicott, Los Angeles, Cal., for defendants.

Sandra J. Shapiro, Bancroft, Avery & McAlister, San Francisco, Cal., for defendant Kenco Development Co.


ORDER DENYING MOTION TO DISMISS

OLIVER J. CARTER, Chief Judge.

This suit is brought in federal court under SEC Rule 10b-5 and the Securities and Exchange Act of 1934, 15 U.S. C. §§ 78a-78hh. There are several pendant state claims attached. The motion before this Court is to dismiss the action because no "security", as defined by the Act, is involved. If no "security" exists the Court lacks jurisdiction of the subject matter. However, this Court...

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