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HEYMAN v. HEYMAN

No. 72 Civ. 3783.

356 F.Supp. 958 (1973)

Alice HEYMAN, Plaintiff, v. Michael Lee HEYMAN et al., Defendants.

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

March 27, 1973.

Attorney(s) appearing for the Case

Stroock, Stroock & Lavan, New York City (Gary J. Greenberg, Charles G. Moerdler, Rita Hauser, Vivienne W. Nearing, New York City, of counsel), for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Simon H. Rifkind, Martin London, Leonard Unger, New York City, of counsel), for executors of the Estate of Oscar Heyman.

Olvany, Eisner & Donnelly, New York City (Gerald E. Fogerty, New York City, of counsel), for other defendants.

BAUMAN, District Judge.

This case presents a difficult question of interpreting the reach of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and Rule 10b-5, 17 C.F. R. § 240.10b-5. As happens so often when such cases are presented in this court, the ingenuity of defendants' allegedly fraudulent scheme is matched only by the ingenuity of plaintiffs' attempt to bring it within the ambit of the statute. Before the court is a motion by...

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