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KORN v. FRANCHARD CORPORATION

No. 78, Docket 35578.

456 F.2d 1206 (1972)

Ruth KORN, individually and as executrix of the Estate of Ben Korn, Deceased, on behalf of herself and all other Purchasers and Holders of Limited Partnership Interests in 63 Wall Associates similarly situated, Plaintiff-Appellant, and Murray Wechsler et al., Intervening Plaintiffs, v. FRANCHARD CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 6, 1972.

Attorney(s) appearing for the Case

Herbert Brownell, New York City (Wendell Davis, Jr., and Lord, Day & Lord, New York City, on the brief), for plaintiff-appellant.

Peter J. Schlesinger, New York City (Simpson, Thacher & Bartlett, New York City, on the brief), for defendants-appellees Franchard Corp. and Glickman Servicing Corp.

George A. Spiegelberg, New York City (Fried, Frank, Harris, Shriver & Jacobson, and Richard M. Michaelson, New York City, on the brief), for defendants-appellees Louis A. Siegel and Seymour Young.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Judge.

DAVIS, Judge:

In 1961 plaintiff-appellant Ruth Korn and her late husband purchased two units of limited partnership (which have been retained) in a real estate syndication, known as 63 Wall Associates, for $10,000 (the total issue amounted to $5,200,000). In this action in the Southern District of New York, Mrs. Korn1 seeks to recover damages and additional relief from the general partners (and others) for an allegedly misleading prospectus...

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